THIS
IS A LONG STANDING COP OUT THAT STARTED WITH A
DIRECTIVE MORE THAN A DECADE AGO FROM ATTORNEY GENERAL JANET RENO TO EASE UP ON
ARRESTING ILLEGAL ALIENS AND "DUMPING" THEM
ON LOCAL OFFICIALS.
Ben Ferro
(Editor)
benferro@insideins.com
Fatal Shooting Sparks National Immigration
Debate
By Amanda Sakuma, msnbc.com
The
fallout from a seemingly random fatal shooting at a crowded tourist spot in San Francisco last week has ignited a national
debate over the city’s decades-old tradition of offering safe haven to
undocumented immigrants. Now used as fodder in political rallying cries on
immigration, the shooting mounts pressure on these so-called “sanctuary cities”
– municipalities that have openly defied federal immigration policies and taken
a more welcoming tact toward undocumented immigrants.
San
Francisco is one of the oldest such cities in the country, having joined the
movement in 1989 when city officials passed an ordinance barring funds from
being used to enforce federal immigration law. Those protections have since
been expanded repeatedly, and in 2013, a new ordinance was signed into law
preventing local law enforcement from subjecting undocumented immigrants to
extended detention to allow time for federal immigration agents to take the
individual into custody. Under San Francisco law, only such immigration
“detainer” requests apply to people with violent records.
This was
the case with Francisco Sanchez, a 45-year-old undocumented immigrant with a
lengthy rap sheet, who has been charged with killing Kathryn Steinle on the San Francisco pier last Wednesday. He had been
booked previously into the San Francisco County Jail in March on a 10-year-old
drug warrant. Despite his long rap sheet – Sanchez had been deported five times
and had seven felony convictions to his name, four of which were on drug
charges – he was released from custody.
A
spokeswoman for Immigration and Customs Enforcement said in a statement that
the agency had requested that local authorities hold Sanchez for deportation,
but the request was denied.
“An
individual with a lengthy criminal history, who is now the suspect in a tragic
murder case, was released onto the street rather than being turned over to ICE
for deportation,” spokeswoman Virginia Kice said. “We’re not asking local cops
to do our job. All we’re asking is that they notify us when a serious foreign
national criminal offender is being released to the street so we can arrange to
take custody.”
A crucial
pillar of President Obama’s executive actions on immigration announced last
November relied on enforcement mechanisms to root out undocumented criminals
and make them a top priority for enforcement. ICE reported that 56% of all
immigrants deported in 2014 were previously convicted of a crime.
Agents with
the Immigration and Customs Enforcement have relied on state and local law
enforcement agencies to flag undocumented immigrants whom they come into
contact with. “ICE detainers” are a formal written request to detain an
individual for an additional 48 hours to allow immigration agents additional
time to take over custody.
But the
dynamic became complicated for municipalities after a federal court in Oregon last year ruled that immigration
holds violated a women’s 4th amendment right in denying her due process.
Unwilling to remain vulnerable to potential lawsuits that could stack in the
millions for unlawfully detaining an immigrant without a warrant, sheriff’s
departments around the country have rejected ICE detainer requests and released
individuals. More than 300 municipalities across the country have since signed
onto the movement.
The
shooting played into 2016 presidential candidate Donald Trump’s repeated
comments disparaging Mexican immigrants, claiming the incident only proves him
right.
“They are,
in many cases, criminals, drug dealers, rapists, etc. This was evident just
this week when, as an example, a young woman in San Francisco was viciously
killed by a five-time deported Mexican with a long criminal record, who was
forced back into the United States because they didn’t want him in Mexico,”
Trump said in a statement Monday. “This is merely one of thousands of similar
incidents throughout the United States.”
What
remains unclear is the circumstances of this weekend’s tragedy in which Steinle
was seemingly a random victim. According to local news reports, Sanchez says he
was in a drug-addled haze during the time of the shooting, claiming that he
reached for a T-shirt that was wrapped around a gun when the fatal shot rang
out.
“Then
suddenly I heard that boom boom, three times,” Sanchez said in the interview
with local TV station WABC-TV. “I’m feeling sorry for everybody.”