Republican lawmakers declare oversight of SF's immigration practices

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Republican lawmakers allege SF doesnt comply with federal immigration lae

The City of San Francisco is facing federal scrutiny over its sanctuary city policies as a congressional oversight committee demands an inside look into how local law enforcement handles immigration.

San Francisco is facing federal scrutiny over its sanctuary city policies as a congressional oversight committee demands an inside look into how local law enforcement handles immigration.

What we know:

On Tuesday, California Congressman Tom McClintock joined two other House Republicans, Darrell Issa (R-CA) and Jim Jordan (R-OH), in sending letters to San Francisco Police Chief Derrick Lew and Sheriff Paul Miyamoto on behalf of the House Committee on the Judiciary. 

The lawmakers allege that local law enforcement has failed to comply with federal law by refusing to work with Immigration and Customs Enforcement (ICE). Similar letters were also sent to the police chief and sheriff of San Diego.

SF not cooperating with ICE

According to the committee, San Francisco's policies have failed to honor ICE detainers and made it more difficult for federal agents to arrest undocumented immigrants who commit crimes by restricting information sharing and local assistance. 

The lawmakers argued that these policies endanger the public, noting that the rules even prevented federal agents from interviewing the Canadian man who attacked Nancy Pelosi’s husband at their home in 2022.

The committee's letters demand that the departments turn over all documents and communications regarding local interactions with ICE, city policies related to non-U.S. citizens, and the specific number of ICE detainers that local agencies have received and declined to honor.

The other side:

San Francisco officials have publicly stated in the past that the city would not assist or obstruct ICE operations, and it vowed not to ask residents about their status or send information to federal authorities. 

In response to the latest congressional inquiry, both the Sheriff's Office and the Police Department referred questions to City Attorney David Chiu.

A spokesperson for Chiu defended the city's stance in a statement: "San Francisco is one of the safest cities in the nation, and our longstanding policies build trust with law enforcement and improve public safety. San Francisco’s policies have repeatedly been upheld in the courts. We will review the inquiry and respond to the Committee."

'No obligation' to assist federal agents, experts say 

Legal experts say the city is within its rights to maintain these boundaries. 

Bill Hing, an immigration attorney and professor at the University of San Francisco, characterized the letters as an intimidation tactic by conservative members of Congress.

"The federal courts have held that ICE detainers are not enforceable, so that if San Francisco chooses to ignore an ICE detainer, it can," Hing said. "They cannot force a local government to do its work and they can't intrude on the privacy of local government operations."

What's next:

San Francisco and San Diego agencies have a deadline of June 16 to deliver the requested information to the committee. 

It remains unclear what actions the House committee will take if the deadlines are not met.

The Source: Department of Justice; Congressional letters to San Francisco Police Chief, San Francisco County Sheriff, San Diego Police Chief, San Diego County Sheriff; San Francisco City Attorney's Office; USF Immigration Attorney Bill Hing

ImmigrationSan Francisco Police DepartmentSan FranciscoU.S. HousePolitics