Sanctuary showdown
Newsom forces a legal stalemate while hundreds of kids face deportation

sarah@sfbg.com

City Hall echoed with delighted whoops of Si se puede! last week, as a veto-proof majority of the Board of Supervisors voted to give juvenile immigrants their day in court before referring them to federal immigration authorities.

But the battle over the civil rights of immigrant kids is far from over, as Mayor Gavin Newsom, Police Chief George Gascón and U.S. Attorney Joseph Russoniello all insist that they will ignore or defy the city ordinance.

That puts the city in a strange legal position: the supervisors have passed a law that the mayor won't implement — so it's not clear what will happen next.

But here's what is clear — and alarming: under Newsom's policy, which the sanctuary legislation by Sup. David Campos would overturn, large numbers of immigrant kids are facing possible deportation. U.S. Immigration and Customs Enforcement (ICE) spokesperson Virginia Kice told the Guardian that 150 juveniles from San Francisco have been referred to ICE since June 11, 2008 when Newsom began requiring that the city's probation officials refer youth to ICE on arrest.

A D V E R T I S E M E N T


Of those, 114 have come into federal custody (and may be facing deportation). Campos, who came to this country from Guatemala as an undocumented teen, said his legislation is a "balanced response" to the shift in sanctuary policy

Under Newsom's policy, city probation officials are required to refer juveniles booked on a felony and appear undocumented to ICE at the time of arrest.

But under Campos' amendment, ICE referral would not occur unless a juvenile justice court finds the youth guilty as charged.

Mayoral spokesperson Nathan Ballard short-circuited the immigrant community's hopes for due process by announcing that Newsom simply plans to ignore Campos' legislation.

"The Campos bill isn't worth the paper it's written on — it's unenforceable and he knows that," Ballard told the San Francisco Chronicle.

Campos says that's nonsense. "The whole point of having a sanctuary ordinance is that we choose not to be in the business of federal immigration enforcement," Campos said. "We are not an arm of ICE."

In a phone interview, Russoniello told the Guardian that Newsom's policy accords juveniles due process at the federal level, and that federal immigration authorities are not interested in going after people who are obeying laws or are simply out of status.

"Our focus is guns, gangs, and drugs," Russoniello said. "But people who are detained should have no expectation that they will not be deported."

In other words, kids who are arrested on felony charges — who may not be guilty — could be deported anyway.

"Juvenile Probation Department alerts ICE when an individual comes in that they believe may be a deportable juvenile alien," Kice said. "We dispatch an officer to interview the juvenile, elicit biographical information, and do background checks to see if they have a legal basis for being in the country."

So where are the kids Newsom has turned over in the past year? Hard to say. Kice said the federal Human and Health Services' Office of Refugee Resettlement is responsible for ensuring that kids receive appropriate care and protection. ...

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( 8 comments | Comment on this article )
vivalamigra on Wednesday, October 28, 2009 at 10:13 AM
Why are illegal aliens not subject to the same laws as American citizens? If African Americans were to ask to be treated differently campos and the rest of the hispanics would be protesting ( shooting us )every day.

Why do we have to have driver licenses and insurance to drive but illegal aliens don't? They cause most of the accidents and when they hurt someone they get away scott free. WHY? If a brother is pulled over by the police and he doesn't have a license they will tow his car but if an illegal alien is selling drugs,has weapons and confesses to killing somebody the police will let him go, WHY? And how much is MS-13 paying campos to protect them?

I truly believe that the Board of Stupidvisors want to kill all African Americans and are using illegal aliens to do it. They won't be happy until there are only brown faces in the City.
orandy on Wednesday, October 28, 2009 at 11:41 AM
Per above article, Mr. Campos came here as an undocumented teens from Guatamela, wondering how will he feel right now if he'll put himself on the shoes of those teens who are undocumented like he was. Shame on you Mr. Campos to submit such amendment. As if you didn't know how you got here and where you came from.

I am from your district, I am so glad I followed my instinct, I did not vote for you, I did not trust you then and I will never trust you. I hope this is your first and last time to be in that position or any position in the city hall, you just lost so many of your constituents.

There are so many urgent issues our district and the city in general that are more important than your amendment, I wish you will use your time wisely and productively. Shame on you Mr. Campos.

whoami on Wednesday, October 28, 2009 at 12:01 PM
vivalamigra, Did you even read the article? Was there anyone asking for special treatment? I don't think so. All I want to know is where do you get your statistics from? Like illegal immigrants causing all the accidents... did you read that in The Onion because I don't know if you know this, but it's a parody of a newspaper, its not real. In any case, why do you bother posting such vile, ignorant and useless commentary.

Gavin Newsom: enforce the new law. Stop trying to pick and choose what you can and cant enforce. I know you're a douchebag with a "liberal" sportscoat, but in reality you don't have the brainpower to understand why this sanctuary law is a humanitarian effort that in more ways than one exemplifies the due process of law.
KingSing on Wednesday, October 28, 2009 at 12:43 PM
Once again, David Campos and Chris Daly show that they would rather pander to the lowest common denominator, than do anything substantial.

I have many friends among immigrants, and let me assure you: the vast majority of them would like nothing else but to work, make some money and send it back to their extended families.

But there is a small section of people who would rather do crime (mainly drugs, or gang-banging, etc.) This resolution passed by the Supes will give these no-good thugs a free pass.

Here's the major problem: the immigrant communities are in a bind. Because of their illegal status, they're afraid to call the cops on these thugs; they're afraid to report them, to testify against them, etc. And who do these thugs prey on? THE IMMIGRANT COMMUNITIES THEMSELVES!! If you ignore the vocal minority in these communities, the majority of the people will say "good riddance" to these youths who commit crimes. They want nothing to do with these thugs. They are HAPPY that these thugs will get deported. In fact, this deportation law HELPS families keep their troublesome teens in check, and prevents them from joining gangs.

The problem with demagogues like Campos and Daly is that they are in it just for votes; they do not care about the long-term effects of their policies, or if they're hurting families. ITS ALL ABOUT THE VOTES.

And "liberal" people like the author of this piece fall for it hook, line and sinker.

"Ooooh! We're protecting poor innocent little kids from TEH EVIL POLICE!!" . No, what you're doing is helping to DESTROY lives.
Xero2 on Wednesday, October 28, 2009 at 03:25 PM
Yay first it's a freebie for unlicensed folks according to this article

[link]

now we don't turn in 'illegal' immigrants. Doesn't the word illegal mean they broke the law to begin with. There are ways to become a legal resident and not have to worry about all this stuff. I just don't get it.
snake on Thursday, October 29, 2009 at 01:19 AM
As has been suggested...We should all go to Mexico, and then come back as illegals...

Then we can get away with stuff we can't as citizens...

Xero - Maybe everyone should just leave their licenses at home, and if you get stopped, just suggest, "Well, if it's good enough for illegals, it should be good enough for citizens...

Come on citizens...Fight back!!...

These lax attitudes are incredibly insulting to us as citizens...And terribly dangerous!!

Boy, this insane Latino political agenda, and the stupid politicians that allow this craziness...just gets more sickening all the time...

Reason on Sunday, November 1, 2009 at 07:58 PM
So, before an illegal can be deported, they have to be convicted of another crime. Seems expensive to me, let's just send them back and save the money that it would cost to convict them.

The only people this 'law' supports are the drug lords and street gangs. We don't need either of them. Pity we can't send Campos and Daly back where they came from, the city would be a much better place without them and their kind.

If the teens know that they are likely to be sent back home if arrested, maybe they'll be fewer of them attracted to a life of crime.
jden52 on Monday, November 2, 2009 at 12:50 AM
1)a society of laws or lawlesnes.

2)If Campos has become "legal" ,?why cannot he advocate the rocess for other illegals?

3)What is wrong wth requiring non United States citizens people who are in the country to cary id? I think it use to be called a Passport.

4)A program for all "ilegas" to come forward and ID themselves as part of a rogra leadding up to citizenship.Use DMV/ Post office locations for weekend reristration, background, basic medical screen,

nd issue them a photo ID. Set up INS machines at banks where monthly check in earnings info and procgess on the citienship program could be updated.

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