Supervisor Questions SFPD’s Response to ICE Protests in SF

San Francisco’s status as a sanctuary city goes back to 1989. The city prides itself as a haven for immigrants, regardless of legal status, and a place where local law enforcement is sharply restricted from cooperating with or assisting federal immigration agents.

But under Mayor Daniel Lurie, the implementation of the policy is facing pressure from Supervisor Jackie Fielder, whose district represents parts of the Mission, Bernal Heights and Portola. Fielder is concerned by two things:

• A report that SFPD accessed information from Oakland’s license plate reader database to share with federal law enforcement agencies.
• Statements made by Deputy Chief Derrick Lew at a town hall in the Castro last week regarding what he described as SFPD’s obligation to protect ICE agents from protesters, to keep them out of harm’s way.

Fielder, who called ICE “a fascist agency doing Trump’s bidding,” sent a letter to interim SFPD Chief Paul Yep, Sheriff Paul Miyamoto, Lurie and the city controller demanding answers about policies that may conflict with the city’s sanctuary law.

Although she is a member of the Democratic Socialists of America and one of the Board of Supervisors’ most liberal members, Fielder pledged to keep an open mind to Lurie’s programmatic priorities. But as the Trump administration’s actions toward California and sanctuary cities intensify, there are signs that Fielder is growing impatient with the mayor’s approach.

I spoke with Fielder about her concerns.

The interview has been edited for length and clarity.

Scott Shafer: First of all, let’s talk about your letter of inquiry. What prompted you to send it?

Jackie Fielder: Last week, we saw a number of protesters clashing with ICE agents outside of a federal government building where immigration court proceedings take place. And according to reporting by Mission Local, protesters were being put in danger as they were trying to basically block ICE agents from coming into or out of the building — to the point where ICE agents used pepper spray, shoved people to the ground and in one instance brandished a rifle on protesters as well as a reporter with Mission Local.

It came to light through a Standard article that SFPD has been requesting data from automatic license plate readers in Oakland on behalf of federal law enforcement agencies, which is a violation of state law. And so I have a lot of questions related to all of these different issues that I’d like answers to very quickly.

Shafer: You mentioned the meeting in the Castro with Deputy Chief Derrick Lew, where he responded to questions about the role or the responsibility that SFPD has when it comes to protesters and ICE. What was it about his answer that concerns you?

Fielder: What’s concerning is that there’s an equivalency being made between ICE, which is armed, and protesters, who are not. And ICE agents can protect themselves with pepper spray, their guns, their vehicles, their armor as they did July 8.

We have sanctuary city laws. [Lew] was basically also comparing ICE with CHP, where ICE is treated differently by our sanctuary laws. We have prohibited our employees from cooperating with ICE. We cannot prevent them from coming into San Francisco, we cannot prevent them from detaining and deporting people, but what we can do is ensure that they are identifying themselves. We can ensure that they’re following due process and, of course, abiding by our basic local public safety and traffic laws.

Shafer: One of the things that Lew said was, essentially, “We can’t just sit by and watch our fellow law enforcement agent or officer get hurt.” Are you saying that, actually, “Yes, you can, and you should step aside and let them defend themselves?”

Fielder: According to the department’s own directives, they’re allowed to intervene in any federal immigration actions when it appears reasonably necessary to prevent serious injury to persons, whether or not a crime is actively happening. That also has to be reconciled with our sanctuary city law, where we’re not allowed to assist ICE or agents for routine operations, investigations or raids. And so I want SFPD to be transparent with their protocols and decision-making for whether they’re going to intervene in a situation or not.

Shafer: Can you see a role for SFPD in “keeping the peace” and putting themselves between the protesters and the ICE agents?

Fielder: Again, SFPD has to intervene wherever there is a threat to people’s safety. And that has to be applied everywhere. What I’m not seeing is questions around how they’re going to protect unarmed and largely defenseless protesters.

Shafer: The city is undergoing a search to hire a new police chief, and I would guess that one of the candidates internally could be Lew. Would you say that his comments are disqualifying for him to be the next chief?

Fielder: I would hope that the next chief takes seriously what they say and communicate around our sanctuary city policies. It’s baffling to me that anyone in leadership would equate our protesters with Trump’s armed ICE agents. They should be seen as an extension of Trump himself. They are carrying out his agenda. And their agenda is to instill fear, is to run roughshod over due process and basic constitutional protections.

Shafer: It seems like Lurie has been very cautious about even mentioning Trump’s name. He has said that the city will protect immigrants. What would you like to see him do or say that so far he has not?

Fielder: I think he could be doing more. He could be saying more. Every single elected leader in our city has made a public stand to honor our sanctuary city laws. He will not say the word sanctuary. He will not mention Trump. And I don’t think it’s a practice that is actually saving us from any repercussions.

There are other examples across the country of mayors standing up. For example, Mayor [Michelle] Wu in Boston is filing FOIA requests to try to seek some answers on who exactly ICE is detaining in Boston. The point here is compliance. And by not saying a ton about our sanctuary laws, by not mentioning Trump, I think it just gives them exactly what they want.

Here in San Francisco, where we have a large immigrant population, that means that ICE is picking up family, neighbors, friends. These are not people with criminal histories. They are mothers, they’re fathers, they’re sisters and, even at some points, children. And so, SFPD leadership, whoever the next police chief is, has to take this responsibility seriously and take our sanctuary city laws seriously as well.

Shafer: When you came into office, you went out of your way to extend an olive branch to Lurie. Is there still a reservoir of goodwill with the mayor?

Fielder: I’m never gonna close my door to people who change their minds. I’m always open to the possibility of people coming around again. I think we’re headed for a new level of prevalence of ICE agents and terror that we haven’t seen before.