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"disqusTitle": "'Sanctuary Cities' Explained",
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"content": "\u003cp>Sanctuary cities have long been in President Donald Trump's crosshairs. The term refers to the scores of cities and counties across the United States that limit their cooperation with federal immigration authorities by refusing most requests to detain, pursue or report undocumented immigrants (those here illegally) who have had contact with local law enforcement.\u003c/p>\n\u003cdiv>\n\u003caside class=\"alignright\">\n\u003cdiv>\u003cspan style=\"font-size: x-large\">\u003cspan style=\"color: #993300\">Teach with the Lowdown\u003c/span>\u003c/span>\u003c/div>\n\u003cp>\u003cimg class=\"alignnone wp-image-22868\" src=\"http://ww2.kqed.org/lowdown/wp-content/uploads/sites/26/2016/07/hands-e1469568663680-400x143.jpg\" width=\"340\" height=\"122\" srcset=\"https://ww2.kqed.org/app/uploads/sites/26/2016/07/hands-e1469568663680-400x143.jpg 400w, https://ww2.kqed.org/app/uploads/sites/26/2016/07/hands-e1469568663680-800x286.jpg 800w, https://ww2.kqed.org/app/uploads/sites/26/2016/07/hands-e1469568663680-768x274.jpg 768w, https://ww2.kqed.org/app/uploads/sites/26/2016/07/hands-e1469568663680.jpg 957w\" sizes=\"(max-width: 340px) 100vw, 340px\">Suggestions for nonfiction analysis, writing/discussion prompts and multimedia projects. Browse our lesson plan collection \u003ca href=\"https://ww2.kqed.org/lowdown/category/lesson-plans-and-guides/\" target=\"_blank\" rel=\"noopener\">here\u003c/a>.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://ww2.kqed.org/lowdown/wp-content/uploads/sites/26/2017/02/Sanctuary-City-lesson-plan.pdf\" target=\"_blank\" rel=\"noopener\">Lesson Plan: Sanctuary Cities (PDF)\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003c/div>\n\u003cp>Just days after taking office, Trump signed a sweeping \u003ca href=\"https://www.whitehouse.gov/the-press-office/2017/01/25/presidential-executive-order-enhancing-public-safety-interior-united\" target=\"_blank\" rel=\"noopener\">executive order\u003c/a> making good on his key campaign pledge to crack down on illegal immigration. In addition to authorizing the construction of a border wall with Mexico and beefing up immigration enforcement, the order also threatens to cut billions of dollars in federal funds from so-called sanctuary cities.\u003c/p>\n\u003cp>\"Sanctuary jurisdictions across the United States willfully violate Federal law in an attempt to shield aliens from removal from the United States,\" the order states. It warns that those jurisdictions that don't comply with federal immigration enforcement efforts will lose federal funding. \"These jurisdictions have caused immeasurable harm to the American people and to the very fabric of our Republic.\"\u003c/p>\n\u003cp>Trump's order instructs federal immigration authorities to target a broader group of immigrants for deportation. It calls for the removal of immigrants \"who have committed acts that constitute a chargeable criminal offense\" or pose a public safety risk.\u003c/p>\n\u003cp>In response to Trump's 2016 election victory, mayors and police chiefs in more than 10 major cities, including San Francisco, Oakland, Los Angeles, New York, Chicago and Washington, D.C., reaffirmed their commitment to upholding sanctuary policies, and have continued to stand by those positions in the face of the recent order.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"We'll proudly stand as a sanctuary city -- protecting our residents from what we deem unjust federal immigration laws -- fight all forms of bigotry and advance our commitment to equity even more passionately,\" Oakland Mayor Libby Schaaf \u003ca href=\"http://www.eastbayexpress.com/oakland/oakland-mayor-libby-schaaf-on-president-trump-move-beyond-anger-to-action/Content?oid=5034459\" target=\"_blank\" rel=\"noopener\">stated \u003c/a>shortly after the election.\u003c/p>\n\u003cp>San Francisco Mayor Ed Lee reiterated that sentiment on Jan. 26 in his \u003ca href=\"https://ww2.kqed.org/news/2017/01/26/mayor-ed-lee-reinforces-sanctuary-city-commitment/\" target=\"_blank\" rel=\"noopener\">State of the City\u003c/a> address: “We are a sanctuary city now, tomorrow, forever.”\u003c/p>\n\u003cp>On Jan. 31, San Francisco became the first city \u003ca href=\"https://ww2.kqed.org/news/2017/01/31/s-f-files-suit-against-trump-saying-punishing-sanctuary-cities-is-illegal/\" target=\"_blank\" rel=\"noopener\">to sue Trump \u003c/a>over his order to defund sanctuary jurisdictions. The lawsuit argues that the order is an unconstitutional overreach of the president's power, in violation of the \u003ca href=\"https://www.law.cornell.edu/constitution/tenth_amendment\" target=\"_blank\" rel=\"noopener\">10th Amendment\u003c/a>, which it says protects the sovereignty of local jurisdictions.\u003c/p>\n\u003cp>“President Trump’s executive order tries to turn city and state employees into federal immigration officers. That is unconstitutional,” San Francisco City Attorney Dennis Herrera said when announcing the suit. “No president can commandeer the local police force and turn it into the deportation arm of the federal government.”\u003c/p>\n\u003cp>San Francisco receives \u003ca href=\"http://www.sfgate.com/politics/article/SF-preparing-in-case-Trump-cuts-federal-funds-10607210.php\" target=\"_blank\" rel=\"noopener\">nearly $500 million a year\u003c/a> in federal funds, which would be at risk if Trump's order survives in court.\u003c/p>\n\u003cp>Although U.S. Immigration and Customs Enforcement (ICE) relies on local authorities to help enforce immigration laws, a 2013 federal appeals court \u003ca href=\"http://www2.ca3.uscourts.gov/opinarch/123991p.pdf#page=13\" target=\"_blank\" rel=\"noopener\">decision\u003c/a> concluded that those local agencies are not legally required to detain undocumented immigrants when requested to do so.\u003c/p>\n\u003cp>An estimated 11 million undocumented immigrants currently reside in the United States.\u003c/p>\n\u003ch4>What are sanctuary cities?\u003c/h4>\n\u003cp>There's no official legal definition, and what it means varies from place to place. Generally speaking, local law enforcement in sanctuary cities or counties don't ask or report the immigration status of people they come into contact with.\u003c/p>\n\u003cp>A sanctuary jurisdiction typically refuses requests from federal immigration authorities to detain undocumented immigrants apprehended for low-level offenses. For example, when someone gets arrested for a DUI, he or she might spend the night in jail, get processed and then released. If this person is undocumented, though, federal immigration authorities would be alerted and may ask local officials to hold this person for longer, and possibly deport them. A city or county with a sanctuary policy would generally deny that request unless legally mandated to do so.\u003c/p>\n\u003ch4>How many sanctuary cities are there?\u003c/h4>\n\u003cp>Depends who you ask.\u003c/p>\n\u003cp>A 2006 \u003ca href=\"http://www.ilw.com/immigrationdaily/news/2006,0912-crs.pdf\" target=\"_blank\" rel=\"noopener\">Congressional Research Service report \u003c/a>listed 32 counties and cities with explicit sanctuary ordinances. A number of cities have adopted similar resolutions since then, including Berkeley, Oakland and East Palo Alto.\u003c/p>\n\u003cp>In an analysis of data from the \u003ca href=\"https://www.ilrc.org/\" target=\"_blank\" rel=\"noopener\">Immigrant Legal Resource Center\u003c/a>, the \u003ca href=\"http://www.nytimes.com/interactive/2016/09/02/us/sanctuary-cities.html\" target=\"_blank\" rel=\"noopener\">New York Times\u003c/a> tallied 39 cities and 364 counties across the country that in some way limit how much local law enforcement can cooperate with federal detention requests. It's unclear, however, how much action some of these jurisdictions have taken, other than officially expressing opposition to what they consider harsh federal or state immigration laws.\u003c/p>\n\u003cp>And organizations in some municipalities even challenge the label. In 2011, for instance, the \u003ca href=\"http://articles.latimes.com/2011/aug/26/opinion/la-ed-sanctuary-20110825\" target=\"_blank\" rel=\"noopener\">Los Angeles Times editorial board\u003c/a> denied that Los Angeles was a sanctuary city, even though in 1979 the city had enacted a \u003ca href=\"http://assets.lapdonline.org/assets/pdf/SO_40.pdf\" target=\"_blank\" rel=\"noopener\">measure \u003c/a>to keep local police from inquiring about the immigration status of those arrested, one of the first cities in the country to do so.\u003c/p>\n\u003cfigure id=\"attachment_10961044\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003ca href=\"https://ww2.kqed.org/lowdown/wp-content/uploads/sites/26/2017/02/FT_17.01.31_unauthorizedMetros_map.png\" target=\"_blank\" rel=\"noopener\">\u003cimg class=\"wp-image-10961044 size-thumbnail\" src=\"https://ww2.kqed.org/lowdown/wp-content/uploads/sites/26/2017/02/FT_17.01.31_unauthorizedMetros_map.png\" width=\"640\" height=\"483\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Note: not all metro areas shown here are necessarily sanctuary cities.\u003c/figcaption>\u003c/figure>\n\u003cp>Four states --\u003ca href=\"http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0001-0050/ab_4_bill_20130916_enrolled.pdf\" target=\"_blank\" rel=\"noopener\"> California\u003c/a>, Rhode Island, Vermont and Connecticut -- have also enacted ordinances in recent years that limit compliance with federal immigration officials.\u003c/p>\n\u003cp>A least \u003ca href=\"http://www.oregonlive.com/pacific-northwest-news/index.ssf/2014/04/federal_ruling_sparks_halt_on.html\" target=\"_blank\" rel=\"noopener\">nine Oregon counties\u003c/a> in 2014 stopped complying with ICE requests to hold undocumented immigrants in jail for the sole purpose of deportation. The change came after a federal judge ruled that one of those counties violated a woman’s Fourth Amendment rights by detaining her without probable cause. Some legal experts say the ruling may spur more local sanctuary policies across the state and possibly nationwide.\u003c/p>\n\u003ch4>Are sanctuary cities more dangerous?\u003c/h4>\n\u003cp>On the campaign trail, and now as president, Trump has consistently \u003ca href=\"https://www.washingtonpost.com/news/fact-checker/wp/2017/02/08/trumps-claim-that-sanctuary-cities-breed-crime/?utm_term=.9f83a4c2d5d1\" target=\"_blank\" rel=\"noopener\">claimed\u003c/a> that sanctuary cities \"breed crime\" and have resulted in \"so many needless deaths,\" with the underlying suggestion that undocumented immigrants are more prone to violent criminal activity.\u003c/p>\n\u003cp>The language in his recent executive order underscores this:\u003c/p>\n\u003cp>\"Many aliens who illegally enter the United States and those who overstay or otherwise violate the terms of their visas present a significant threat to national security and public safety.\"\u003c/p>\n\u003cp>Crime statistics, however, suggest otherwise.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.americanprogress.org/issues/immigration/reports/2017/01/26/297366/the-effects-of-sanctuary-policies-on-crime-and-the-economy/\" target=\"_blank\" rel=\"noopener\">recent analysis\u003c/a> of FBI crime data by UC San Diego political science professor Tom Wong found that most counties considered “sanctuary” jurisdictions have notably lower rates of all types of crime, including homicide, than comparable non-sanctuary counties. In 2015, large metro sanctuary counties had 654 crimes fewer crimes per 100,000 people than large central metro non-sanctuary counties, the report found. That's nearly 15 percent less crime in sanctuary counties.\u003c/p>\n\u003cp>In smaller counties, the discrepancy was similar. The main exception, the report found, was in medium metro areas and counties bordering on large metro areas, where crime rates in sanctuary jurisdictions were slightly higher.\u003c/p>\n\u003cp>The report, it should be noted, was published by the Center for American Progress, a progressive policy organization. And it shows correlation, not causation. In other words, there no definitive proof that sanctuary policies actually \u003cem>cause\u003c/em> lower crime rates (it could just be a coincidence).\u003c/p>\n\u003cp>Another \u003ca href=\"https://www.americanimmigrationcouncil.org/research/criminalization-immigration-united-states\">study\u003c/a> by the American Immigration Council, a pro-immigrant group, analyzed FBI and census data from 1980 through 2010. It found that among men ages 18 to 49, immigrants (both legal and illegal) were far less likely than native-born Americans to engage in criminal behavior or to be incarcerated.\u003c/p>\n\u003cp>Now keep in mind that both of these studies were conducted by left-leaning organizations with progressive agendas. And even though the conclusions are based squarely on federal statistics, skeptics are likely to counter that the authors used selective data to produce desired results.\u003c/p>\n\u003cp>Nevertheless, several national policing associations seem to have embraced these findings. As the Washington Post \u003ca href=\"https://www.washingtonpost.com/news/wonk/wp/2017/01/27/trump-says-sanctuary-cities-are-hotbeds-of-crime-data-say-the-opposite/?utm_term=.76296b4c8be2\" target=\"_blank\" rel=\"noopener\">recently reported\u003c/a>, the Major Cities Chiefs Association, representing the 63 largest urban areas in the nation, \u003ca href=\"https://www.majorcitieschiefs.com/pdf/news/MCC_Position_Statement.pdf\" target=\"_blank\" rel=\"noopener\">stated in a 2006 report,\u003c/a> that “immigration enforcement by local police would likely negatively affect and undermine the level of trust and cooperation between local police and immigrant communities,” which would “would result in increased crime against immigrants and in the broader community, create a class of silent victims and eliminate the potential for assistance from immigrants in solving crimes or preventing future terroristic acts.”\u003c/p>\n\u003cp>The International Association of Chiefs of Police reiterated this position, \u003ca href=\"http://www.theiacp.org/portals/0/pdfs/publications/immigrationenforcementconf.pdf\">writing that \u003c/a>“state and local law enforcement should not be involved in the enforcement of civil immigration laws since such involvement would likely have a chilling effect on both legal and illegal aliens reporting criminal activity or assisting police in criminal investigations.”\u003c/p>\n\u003ch4>Which California cities have \"sanctuary\" policies?\u003c/h4>\n\u003cp>\u003cem>Note: Although some of these cities may not explicitly identify as \"sanctuary cities,\" they've all adopted some type of policy (an ordinance, resolution or law enforcement directive) that limits how much local law enforcement officials can cooperate with federal immigration enforcement efforts. This is not necessarily a complete list - it only includes those cities for which official documentation could be found.\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"100%\" height=\"600\" frameborder=\"0\" src=\"https://mgreen.cartodb.com/viz/f606fe7c-24fe-11e5-873a-0e853d047bba/embed_map\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003ch4>What's the history?\u003c/h4>\n\u003cp>The roots of the \u003ca href=\"http://www.ilw.com/immigrationdaily/news/2011,0106-crs.pdf\" target=\"_blank\" rel=\"noopener\">modern sanctuary movement\u003c/a> date back to the 1980s. U.S. churches, synagogues and other religious institutions began to provide refuge and services to thousands of undocumented immigrants from Guatemala and El Salvador who had fled civil unrest at home but were denied sanctuary in the U.S., largely due to Cold War politics.\u003c/p>\n\u003cp>The effort became known as the \u003ca href=\"http://www.immigrationpolicy.org/sites/default/files/docs/CommunityPolicingPaper3-09.pdf\" target=\"_blank\" rel=\"noopener\">Sanctuary Movement\u003c/a>, and as it spread, a number of cities throughout the country joined in solidarity, passing resolutions to overlook the immigration status of residents.\u003c/p>\n\u003ch4>What are the arguments for and against these policies?\u003c/h4>\n\u003cp>Supporters argue that cities have bigger public safety priorities and too few resources to handle immigration enforcement. Additionally, many local policymakers and law enforcement agencies argue that immigration enforcement is not their responsibility, and that cracking down on undocumented residents would undermine community relations, disrupt services and dissuade those residents from cooperating with crime prevention effort. They also note that none of their protective policies in any way prevent local police from pursuing immigrants suspected of committing crimes.\u003c/p>\n\u003cp>Trump is among a large number of mostly Republicans opposed to sanctuary policies, arguing that they encourage illegal immigration, undermine federal enforcement efforts and severely compromise public safety, resulting in crimes that could have been avoided through deportation.\u003c/p>\n\u003ch4>What's unique about San Francisco's law?\u003c/h4>\n\u003cp>Although the majority of sanctuary cities don't ask residents about their immigration status and refuse to share information with Immigration and Customs Enforcement (ICE), San Francisco is among a handful of localities that take things a bit further.\u003c/p>\n\u003cp>The \u003ca href=\"http://sfgsa.org/index.aspx?page=1069\" target=\"_blank\" rel=\"noopener\">City and County of Refuge ordinance\u003c/a>, adopted in 1989, prohibits the city from using any \"funds or resources to assist in the enforcement of federal immigration law or to gather or disseminate information regarding the immigration status\" of residents unless explicitly required by federal or state law or court order.\u003c/p>\n\u003cp>The motion was further emphasized by a 2007 \u003ca href=\"http://sf311.org/Modules/ShowDocument.aspx?documentid=426\" target=\"_blank\" rel=\"noopener\">executive directive \u003c/a>prohibiting city employees or agencies from assisting in any ICE investigation, detention or arrest proceeding unless required by federal law. And a section in the city's \u003ca href=\"http://www.sfbos.org/ftp/uploadedfiles/bdsupvrs/bosagendas/materials/bag100113_130764.pdf\" target=\"_blank\" rel=\"noopener\">administrative code \u003c/a>prevents any city law enforcement officer from detaining an individual \"on the basis of a civil immigration detainer after that individual becomes eligible for release from custody.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Similar to other sanctuary cities, exceptions apply to individuals convicted of violent felonies within the past seven years or in custody for another violent felony.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Sanctuary cities have long been in President Donald Trump's crosshairs. The term refers to the scores of cities and counties across the United States that limit their cooperation with federal immigration authorities by refusing most requests to detain, pursue or report undocumented immigrants (those here illegally) who have had contact with local law enforcement.\u003c/p>\n\u003cdiv>\n\u003caside class=\"alignright\">\n\u003cdiv>\u003cspan style=\"font-size: x-large\">\u003cspan style=\"color: #993300\">Teach with the Lowdown\u003c/span>\u003c/span>\u003c/div>\n\u003cp>\u003cimg class=\"alignnone wp-image-22868\" src=\"http://ww2.kqed.org/lowdown/wp-content/uploads/sites/26/2016/07/hands-e1469568663680-400x143.jpg\" width=\"340\" height=\"122\" srcset=\"https://ww2.kqed.org/app/uploads/sites/26/2016/07/hands-e1469568663680-400x143.jpg 400w, https://ww2.kqed.org/app/uploads/sites/26/2016/07/hands-e1469568663680-800x286.jpg 800w, https://ww2.kqed.org/app/uploads/sites/26/2016/07/hands-e1469568663680-768x274.jpg 768w, https://ww2.kqed.org/app/uploads/sites/26/2016/07/hands-e1469568663680.jpg 957w\" sizes=\"(max-width: 340px) 100vw, 340px\">Suggestions for nonfiction analysis, writing/discussion prompts and multimedia projects. Browse our lesson plan collection \u003ca href=\"https://ww2.kqed.org/lowdown/category/lesson-plans-and-guides/\" target=\"_blank\" rel=\"noopener\">here\u003c/a>.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://ww2.kqed.org/lowdown/wp-content/uploads/sites/26/2017/02/Sanctuary-City-lesson-plan.pdf\" target=\"_blank\" rel=\"noopener\">Lesson Plan: Sanctuary Cities (PDF)\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003c/div>\n\u003cp>Just days after taking office, Trump signed a sweeping \u003ca href=\"https://www.whitehouse.gov/the-press-office/2017/01/25/presidential-executive-order-enhancing-public-safety-interior-united\" target=\"_blank\" rel=\"noopener\">executive order\u003c/a> making good on his key campaign pledge to crack down on illegal immigration. In addition to authorizing the construction of a border wall with Mexico and beefing up immigration enforcement, the order also threatens to cut billions of dollars in federal funds from so-called sanctuary cities.\u003c/p>\n\u003cp>\"Sanctuary jurisdictions across the United States willfully violate Federal law in an attempt to shield aliens from removal from the United States,\" the order states. It warns that those jurisdictions that don't comply with federal immigration enforcement efforts will lose federal funding. \"These jurisdictions have caused immeasurable harm to the American people and to the very fabric of our Republic.\"\u003c/p>\n\u003cp>Trump's order instructs federal immigration authorities to target a broader group of immigrants for deportation. It calls for the removal of immigrants \"who have committed acts that constitute a chargeable criminal offense\" or pose a public safety risk.\u003c/p>\n\u003cp>In response to Trump's 2016 election victory, mayors and police chiefs in more than 10 major cities, including San Francisco, Oakland, Los Angeles, New York, Chicago and Washington, D.C., reaffirmed their commitment to upholding sanctuary policies, and have continued to stand by those positions in the face of the recent order.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"We'll proudly stand as a sanctuary city -- protecting our residents from what we deem unjust federal immigration laws -- fight all forms of bigotry and advance our commitment to equity even more passionately,\" Oakland Mayor Libby Schaaf \u003ca href=\"http://www.eastbayexpress.com/oakland/oakland-mayor-libby-schaaf-on-president-trump-move-beyond-anger-to-action/Content?oid=5034459\" target=\"_blank\" rel=\"noopener\">stated \u003c/a>shortly after the election.\u003c/p>\n\u003cp>San Francisco Mayor Ed Lee reiterated that sentiment on Jan. 26 in his \u003ca href=\"https://ww2.kqed.org/news/2017/01/26/mayor-ed-lee-reinforces-sanctuary-city-commitment/\" target=\"_blank\" rel=\"noopener\">State of the City\u003c/a> address: “We are a sanctuary city now, tomorrow, forever.”\u003c/p>\n\u003cp>On Jan. 31, San Francisco became the first city \u003ca href=\"https://ww2.kqed.org/news/2017/01/31/s-f-files-suit-against-trump-saying-punishing-sanctuary-cities-is-illegal/\" target=\"_blank\" rel=\"noopener\">to sue Trump \u003c/a>over his order to defund sanctuary jurisdictions. The lawsuit argues that the order is an unconstitutional overreach of the president's power, in violation of the \u003ca href=\"https://www.law.cornell.edu/constitution/tenth_amendment\" target=\"_blank\" rel=\"noopener\">10th Amendment\u003c/a>, which it says protects the sovereignty of local jurisdictions.\u003c/p>\n\u003cp>“President Trump’s executive order tries to turn city and state employees into federal immigration officers. That is unconstitutional,” San Francisco City Attorney Dennis Herrera said when announcing the suit. “No president can commandeer the local police force and turn it into the deportation arm of the federal government.”\u003c/p>\n\u003cp>San Francisco receives \u003ca href=\"http://www.sfgate.com/politics/article/SF-preparing-in-case-Trump-cuts-federal-funds-10607210.php\" target=\"_blank\" rel=\"noopener\">nearly $500 million a year\u003c/a> in federal funds, which would be at risk if Trump's order survives in court.\u003c/p>\n\u003cp>Although U.S. Immigration and Customs Enforcement (ICE) relies on local authorities to help enforce immigration laws, a 2013 federal appeals court \u003ca href=\"http://www2.ca3.uscourts.gov/opinarch/123991p.pdf#page=13\" target=\"_blank\" rel=\"noopener\">decision\u003c/a> concluded that those local agencies are not legally required to detain undocumented immigrants when requested to do so.\u003c/p>\n\u003cp>An estimated 11 million undocumented immigrants currently reside in the United States.\u003c/p>\n\u003ch4>What are sanctuary cities?\u003c/h4>\n\u003cp>There's no official legal definition, and what it means varies from place to place. Generally speaking, local law enforcement in sanctuary cities or counties don't ask or report the immigration status of people they come into contact with.\u003c/p>\n\u003cp>A sanctuary jurisdiction typically refuses requests from federal immigration authorities to detain undocumented immigrants apprehended for low-level offenses. For example, when someone gets arrested for a DUI, he or she might spend the night in jail, get processed and then released. If this person is undocumented, though, federal immigration authorities would be alerted and may ask local officials to hold this person for longer, and possibly deport them. A city or county with a sanctuary policy would generally deny that request unless legally mandated to do so.\u003c/p>\n\u003ch4>How many sanctuary cities are there?\u003c/h4>\n\u003cp>Depends who you ask.\u003c/p>\n\u003cp>A 2006 \u003ca href=\"http://www.ilw.com/immigrationdaily/news/2006,0912-crs.pdf\" target=\"_blank\" rel=\"noopener\">Congressional Research Service report \u003c/a>listed 32 counties and cities with explicit sanctuary ordinances. A number of cities have adopted similar resolutions since then, including Berkeley, Oakland and East Palo Alto.\u003c/p>\n\u003cp>In an analysis of data from the \u003ca href=\"https://www.ilrc.org/\" target=\"_blank\" rel=\"noopener\">Immigrant Legal Resource Center\u003c/a>, the \u003ca href=\"http://www.nytimes.com/interactive/2016/09/02/us/sanctuary-cities.html\" target=\"_blank\" rel=\"noopener\">New York Times\u003c/a> tallied 39 cities and 364 counties across the country that in some way limit how much local law enforcement can cooperate with federal detention requests. It's unclear, however, how much action some of these jurisdictions have taken, other than officially expressing opposition to what they consider harsh federal or state immigration laws.\u003c/p>\n\u003cp>And organizations in some municipalities even challenge the label. In 2011, for instance, the \u003ca href=\"http://articles.latimes.com/2011/aug/26/opinion/la-ed-sanctuary-20110825\" target=\"_blank\" rel=\"noopener\">Los Angeles Times editorial board\u003c/a> denied that Los Angeles was a sanctuary city, even though in 1979 the city had enacted a \u003ca href=\"http://assets.lapdonline.org/assets/pdf/SO_40.pdf\" target=\"_blank\" rel=\"noopener\">measure \u003c/a>to keep local police from inquiring about the immigration status of those arrested, one of the first cities in the country to do so.\u003c/p>\n\u003cfigure id=\"attachment_10961044\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003ca href=\"https://ww2.kqed.org/lowdown/wp-content/uploads/sites/26/2017/02/FT_17.01.31_unauthorizedMetros_map.png\" target=\"_blank\" rel=\"noopener\">\u003cimg class=\"wp-image-10961044 size-thumbnail\" src=\"https://ww2.kqed.org/lowdown/wp-content/uploads/sites/26/2017/02/FT_17.01.31_unauthorizedMetros_map.png\" width=\"640\" height=\"483\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Note: not all metro areas shown here are necessarily sanctuary cities.\u003c/figcaption>\u003c/figure>\n\u003cp>Four states --\u003ca href=\"http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0001-0050/ab_4_bill_20130916_enrolled.pdf\" target=\"_blank\" rel=\"noopener\"> California\u003c/a>, Rhode Island, Vermont and Connecticut -- have also enacted ordinances in recent years that limit compliance with federal immigration officials.\u003c/p>\n\u003cp>A least \u003ca href=\"http://www.oregonlive.com/pacific-northwest-news/index.ssf/2014/04/federal_ruling_sparks_halt_on.html\" target=\"_blank\" rel=\"noopener\">nine Oregon counties\u003c/a> in 2014 stopped complying with ICE requests to hold undocumented immigrants in jail for the sole purpose of deportation. The change came after a federal judge ruled that one of those counties violated a woman’s Fourth Amendment rights by detaining her without probable cause. Some legal experts say the ruling may spur more local sanctuary policies across the state and possibly nationwide.\u003c/p>\n\u003ch4>Are sanctuary cities more dangerous?\u003c/h4>\n\u003cp>On the campaign trail, and now as president, Trump has consistently \u003ca href=\"https://www.washingtonpost.com/news/fact-checker/wp/2017/02/08/trumps-claim-that-sanctuary-cities-breed-crime/?utm_term=.9f83a4c2d5d1\" target=\"_blank\" rel=\"noopener\">claimed\u003c/a> that sanctuary cities \"breed crime\" and have resulted in \"so many needless deaths,\" with the underlying suggestion that undocumented immigrants are more prone to violent criminal activity.\u003c/p>\n\u003cp>The language in his recent executive order underscores this:\u003c/p>\n\u003cp>\"Many aliens who illegally enter the United States and those who overstay or otherwise violate the terms of their visas present a significant threat to national security and public safety.\"\u003c/p>\n\u003cp>Crime statistics, however, suggest otherwise.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.americanprogress.org/issues/immigration/reports/2017/01/26/297366/the-effects-of-sanctuary-policies-on-crime-and-the-economy/\" target=\"_blank\" rel=\"noopener\">recent analysis\u003c/a> of FBI crime data by UC San Diego political science professor Tom Wong found that most counties considered “sanctuary” jurisdictions have notably lower rates of all types of crime, including homicide, than comparable non-sanctuary counties. In 2015, large metro sanctuary counties had 654 crimes fewer crimes per 100,000 people than large central metro non-sanctuary counties, the report found. That's nearly 15 percent less crime in sanctuary counties.\u003c/p>\n\u003cp>In smaller counties, the discrepancy was similar. The main exception, the report found, was in medium metro areas and counties bordering on large metro areas, where crime rates in sanctuary jurisdictions were slightly higher.\u003c/p>\n\u003cp>The report, it should be noted, was published by the Center for American Progress, a progressive policy organization. And it shows correlation, not causation. In other words, there no definitive proof that sanctuary policies actually \u003cem>cause\u003c/em> lower crime rates (it could just be a coincidence).\u003c/p>\n\u003cp>Another \u003ca href=\"https://www.americanimmigrationcouncil.org/research/criminalization-immigration-united-states\">study\u003c/a> by the American Immigration Council, a pro-immigrant group, analyzed FBI and census data from 1980 through 2010. It found that among men ages 18 to 49, immigrants (both legal and illegal) were far less likely than native-born Americans to engage in criminal behavior or to be incarcerated.\u003c/p>\n\u003cp>Now keep in mind that both of these studies were conducted by left-leaning organizations with progressive agendas. And even though the conclusions are based squarely on federal statistics, skeptics are likely to counter that the authors used selective data to produce desired results.\u003c/p>\n\u003cp>Nevertheless, several national policing associations seem to have embraced these findings. As the Washington Post \u003ca href=\"https://www.washingtonpost.com/news/wonk/wp/2017/01/27/trump-says-sanctuary-cities-are-hotbeds-of-crime-data-say-the-opposite/?utm_term=.76296b4c8be2\" target=\"_blank\" rel=\"noopener\">recently reported\u003c/a>, the Major Cities Chiefs Association, representing the 63 largest urban areas in the nation, \u003ca href=\"https://www.majorcitieschiefs.com/pdf/news/MCC_Position_Statement.pdf\" target=\"_blank\" rel=\"noopener\">stated in a 2006 report,\u003c/a> that “immigration enforcement by local police would likely negatively affect and undermine the level of trust and cooperation between local police and immigrant communities,” which would “would result in increased crime against immigrants and in the broader community, create a class of silent victims and eliminate the potential for assistance from immigrants in solving crimes or preventing future terroristic acts.”\u003c/p>\n\u003cp>The International Association of Chiefs of Police reiterated this position, \u003ca href=\"http://www.theiacp.org/portals/0/pdfs/publications/immigrationenforcementconf.pdf\">writing that \u003c/a>“state and local law enforcement should not be involved in the enforcement of civil immigration laws since such involvement would likely have a chilling effect on both legal and illegal aliens reporting criminal activity or assisting police in criminal investigations.”\u003c/p>\n\u003ch4>Which California cities have \"sanctuary\" policies?\u003c/h4>\n\u003cp>\u003cem>Note: Although some of these cities may not explicitly identify as \"sanctuary cities,\" they've all adopted some type of policy (an ordinance, resolution or law enforcement directive) that limits how much local law enforcement officials can cooperate with federal immigration enforcement efforts. This is not necessarily a complete list - it only includes those cities for which official documentation could be found.\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"100%\" height=\"600\" frameborder=\"0\" src=\"https://mgreen.cartodb.com/viz/f606fe7c-24fe-11e5-873a-0e853d047bba/embed_map\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003ch4>What's the history?\u003c/h4>\n\u003cp>The roots of the \u003ca href=\"http://www.ilw.com/immigrationdaily/news/2011,0106-crs.pdf\" target=\"_blank\" rel=\"noopener\">modern sanctuary movement\u003c/a> date back to the 1980s. U.S. churches, synagogues and other religious institutions began to provide refuge and services to thousands of undocumented immigrants from Guatemala and El Salvador who had fled civil unrest at home but were denied sanctuary in the U.S., largely due to Cold War politics.\u003c/p>\n\u003cp>The effort became known as the \u003ca href=\"http://www.immigrationpolicy.org/sites/default/files/docs/CommunityPolicingPaper3-09.pdf\" target=\"_blank\" rel=\"noopener\">Sanctuary Movement\u003c/a>, and as it spread, a number of cities throughout the country joined in solidarity, passing resolutions to overlook the immigration status of residents.\u003c/p>\n\u003ch4>What are the arguments for and against these policies?\u003c/h4>\n\u003cp>Supporters argue that cities have bigger public safety priorities and too few resources to handle immigration enforcement. Additionally, many local policymakers and law enforcement agencies argue that immigration enforcement is not their responsibility, and that cracking down on undocumented residents would undermine community relations, disrupt services and dissuade those residents from cooperating with crime prevention effort. They also note that none of their protective policies in any way prevent local police from pursuing immigrants suspected of committing crimes.\u003c/p>\n\u003cp>Trump is among a large number of mostly Republicans opposed to sanctuary policies, arguing that they encourage illegal immigration, undermine federal enforcement efforts and severely compromise public safety, resulting in crimes that could have been avoided through deportation.\u003c/p>\n\u003ch4>What's unique about San Francisco's law?\u003c/h4>\n\u003cp>Although the majority of sanctuary cities don't ask residents about their immigration status and refuse to share information with Immigration and Customs Enforcement (ICE), San Francisco is among a handful of localities that take things a bit further.\u003c/p>\n\u003cp>The \u003ca href=\"http://sfgsa.org/index.aspx?page=1069\" target=\"_blank\" rel=\"noopener\">City and County of Refuge ordinance\u003c/a>, adopted in 1989, prohibits the city from using any \"funds or resources to assist in the enforcement of federal immigration law or to gather or disseminate information regarding the immigration status\" of residents unless explicitly required by federal or state law or court order.\u003c/p>\n\u003cp>The motion was further emphasized by a 2007 \u003ca href=\"http://sf311.org/Modules/ShowDocument.aspx?documentid=426\" target=\"_blank\" rel=\"noopener\">executive directive \u003c/a>prohibiting city employees or agencies from assisting in any ICE investigation, detention or arrest proceeding unless required by federal law. And a section in the city's \u003ca href=\"http://www.sfbos.org/ftp/uploadedfiles/bdsupvrs/bosagendas/materials/bag100113_130764.pdf\" target=\"_blank\" rel=\"noopener\">administrative code \u003c/a>prevents any city law enforcement officer from detaining an individual \"on the basis of a civil immigration detainer after that individual becomes eligible for release from custody.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Similar to other sanctuary cities, exceptions apply to individuals convicted of violent felonies within the past seven years or in custody for another violent felony.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Nearly 15 hours after a riot at a Northern California prison, guards found a missing inmate sawed nearly in two, with his abdominal organs and most chest organs removed, his body folded and stuffed into a garbage can in a shower stall a few doors from his cell.\u003c/p>\n\u003cp>Details of the gruesome May killing at the medium-security California State Prison, Solano, are laid out in an autopsy report obtained by The Associated Press under a public records request.\u003c/p>\n\u003cp>The grisly discovery raises obvious questions about the prison's security: How could such a gruesome killing happen inside a locked facility with security and surveillance? How could someone obtain weapons sharp enough to dissect a body? And why did it take so long to uncover?\u003c/p>\n\u003cp>Homicides are distressingly common in California prisons. More than 160 inmates have been killed in the last 15 years, and the state has one of the nation's highest inmate homicide rates. Yet the death of 24-year-old Nicholas Anthony Rodriguez stands out.\u003c/p>\n\u003cp>Rodriguez's missing organs are \"still part of the investigation\" at the prison in Vacaville, 40 miles southwest of Sacramento, Department of Corrections and Rehabilitation spokeswoman Terry Thornton said Friday.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>No one has been charged with killing Rodriguez, an Oakland man who was serving an eight-year sentence for an Alameda County robbery. However, Thornton said his cellmate, a 46-year-old man serving a life sentence for a Los Angeles County murder, is considered the only suspect and is being held in segregation. Thornton said she couldn't say how the homicide was carried out or concealed since it's still being investigated.\u003c/p>\n\u003cp>\"It just blows my mind, because officers are looking in on inmates all the time,\" said Christine Ward, executive director of the Crime Victims Action Alliance. \"Unfortunately, we know that there are drugs, there's alcohol, there are weapons. As much as the officers can police that, we know we've got the toughest, the baddest, the most violent criminals in our state prison and unfortunately some of the most cunning prisoners in there as well. They are going to find ways to do that.\"\u003c/p>\n\u003cp>Rodriguez's body was discovered on May 4 around 9:30 p.m. -- 14½ hours after inmates were ordered locked in their cells following a brawl between 58 inmates in his housing unit. Three prisoners and one correctional officer were injured in the fight, and Thornton said an inmate-made weapon was recovered. She declined to describe it.\u003c/p>\n\u003cp>Despite the riot and resulting investigation, Rodriguez was not discovered missing until a headcount at 4:30 p.m. Thornton said officials initially assumed he had escaped.\u003c/p>\n\u003cp>Investigators are looking into whether the riot was created to conceal the slaying or allow someone to move the body.\u003c/p>\n\u003cp>\"It's very difficult to cover every contingency with the limited staff that we have,\" said Chuck Alexander, president of the California Correctional Peace Officers Association that represents most prison guards.\u003c/p>\n\u003cp>\"This kind of thing at Solano, sad to say, I predict it's just a precursor,\" he said.\u003c/p>\n\u003cp>He noted a 2011 California law that keeps lower-level offenders in county jails, leaving state prisons to hold the most violent criminals. Changes in prison policies, meanwhile, mean more dangerous offenders are being housed in lower-security prisons like medium-security.\u003c/p>\n\u003cp>Rodriguez had alcohol in his system and was dead before he was eviscerated, killed by blows to the head that left him with a deep star-shaped wound on his forehead among his multiple skull fractures, cuts and other wounds, according to the May 27 autopsy report conducted by the Solano County Sheriff coroner's office.\u003c/p>\n\u003cp>His mother, Maria Rodriguez of Oakland, said she has been given no details about what happened. She said she had not seen the autopsy report, but said she knew her son's body was badly injured.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"When I saw my son ... at the funeral, he was so bad in the face,\" she said in a telephone interview. \"I called them last week, and they say they're going to tell me in two weeks or in three weeks, but right now we don't got nothing.\"\u003c/p>\n\n",
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"nprByline": "\u003cstrong>Don Thompson\u003cbr>Associated Press\u003c/strong>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Nearly 15 hours after a riot at a Northern California prison, guards found a missing inmate sawed nearly in two, with his abdominal organs and most chest organs removed, his body folded and stuffed into a garbage can in a shower stall a few doors from his cell.\u003c/p>\n\u003cp>Details of the gruesome May killing at the medium-security California State Prison, Solano, are laid out in an autopsy report obtained by The Associated Press under a public records request.\u003c/p>\n\u003cp>The grisly discovery raises obvious questions about the prison's security: How could such a gruesome killing happen inside a locked facility with security and surveillance? How could someone obtain weapons sharp enough to dissect a body? And why did it take so long to uncover?\u003c/p>\n\u003cp>Homicides are distressingly common in California prisons. More than 160 inmates have been killed in the last 15 years, and the state has one of the nation's highest inmate homicide rates. Yet the death of 24-year-old Nicholas Anthony Rodriguez stands out.\u003c/p>\n\u003cp>Rodriguez's missing organs are \"still part of the investigation\" at the prison in Vacaville, 40 miles southwest of Sacramento, Department of Corrections and Rehabilitation spokeswoman Terry Thornton said Friday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>No one has been charged with killing Rodriguez, an Oakland man who was serving an eight-year sentence for an Alameda County robbery. However, Thornton said his cellmate, a 46-year-old man serving a life sentence for a Los Angeles County murder, is considered the only suspect and is being held in segregation. Thornton said she couldn't say how the homicide was carried out or concealed since it's still being investigated.\u003c/p>\n\u003cp>\"It just blows my mind, because officers are looking in on inmates all the time,\" said Christine Ward, executive director of the Crime Victims Action Alliance. \"Unfortunately, we know that there are drugs, there's alcohol, there are weapons. As much as the officers can police that, we know we've got the toughest, the baddest, the most violent criminals in our state prison and unfortunately some of the most cunning prisoners in there as well. They are going to find ways to do that.\"\u003c/p>\n\u003cp>Rodriguez's body was discovered on May 4 around 9:30 p.m. -- 14½ hours after inmates were ordered locked in their cells following a brawl between 58 inmates in his housing unit. Three prisoners and one correctional officer were injured in the fight, and Thornton said an inmate-made weapon was recovered. She declined to describe it.\u003c/p>\n\u003cp>Despite the riot and resulting investigation, Rodriguez was not discovered missing until a headcount at 4:30 p.m. Thornton said officials initially assumed he had escaped.\u003c/p>\n\u003cp>Investigators are looking into whether the riot was created to conceal the slaying or allow someone to move the body.\u003c/p>\n\u003cp>\"It's very difficult to cover every contingency with the limited staff that we have,\" said Chuck Alexander, president of the California Correctional Peace Officers Association that represents most prison guards.\u003c/p>\n\u003cp>\"This kind of thing at Solano, sad to say, I predict it's just a precursor,\" he said.\u003c/p>\n\u003cp>He noted a 2011 California law that keeps lower-level offenders in county jails, leaving state prisons to hold the most violent criminals. Changes in prison policies, meanwhile, mean more dangerous offenders are being housed in lower-security prisons like medium-security.\u003c/p>\n\u003cp>Rodriguez had alcohol in his system and was dead before he was eviscerated, killed by blows to the head that left him with a deep star-shaped wound on his forehead among his multiple skull fractures, cuts and other wounds, according to the May 27 autopsy report conducted by the Solano County Sheriff coroner's office.\u003c/p>\n\u003cp>His mother, Maria Rodriguez of Oakland, said she has been given no details about what happened. She said she had not seen the autopsy report, but said she knew her son's body was badly injured.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"When I saw my son ... at the funeral, he was so bad in the face,\" she said in a telephone interview. \"I called them last week, and they say they're going to tell me in two weeks or in three weeks, but right now we don't got nothing.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Mirkarimi Says Law Prevented Advance Notice of Felon's Release",
"title": "Mirkarimi Says Law Prevented Advance Notice of Felon's Release",
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"content": "\u003cp>\u003cstrong>Update, 3 p.m. Friday\u003c/strong>\u003c/p>\n\u003cp>In a morning press conference, San Francisco Sheriff Ross Mirkarimi again defended his department against criticism that it did not inform immigration authorities before the April 15 release of Juan Francisco Lopez-Sanchez, who has been charged with murder in the July 1 shooting death of Kathryn Steinle.\u003c/p>\n\u003cp>U.S. Immigration and Customs Enforcement had requested that the Sheriff's Department detain Sanchez so he could be deported. But keeping with city policy, the department ignored the request.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/214160175\" params=\"auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false&visual=true\" width=\"100%\" height=\"225\" iframe=\"true\" /]\u003c/p>\n\u003cp>Mirkarimi today prefaced his remarks by saying, \"I find it incredibly sad and incomprehensible that this tragedy is being used as a platform for political gain.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Both Mayor Ed Lee and Sen. Dianne Feinstein have called out the Sheriff's Department for not notifying ICE that Sanchez, with multiple drug felonies and deportations on his record, would be released from jail. Lee was especially critical in his Wednesday \u003ca href=\"http://www.kqed.org/a/forum/R201507080900\" target=\"_blank\">appearance on KQED \u003cem>Forum\u003c/em>\u003c/a>\u003cem>,\u003c/em> making comments like the following:\u003c/p>\n\u003cblockquote>\u003cp>You know, the ordinary thing is to look at who had hands on this felon, this repeated serious felony violator, last. And I'm trying to understand the whole picture, from the feds to the local. But I do happen to agree with Senator Feinstein that you look at who had that last responsibility. It was our sheriff. ... And when the feds released this person to us, there could have been a notification that we're about to release a repeat serious felony offender, who is not legally here. It's a phone call, Michael, and I think the sheriff dropped the ball there.\u003c/p>\u003c/blockquote>\n\u003cp>Later, Lee said: \" So, I want to keep this simple for the public that when you vote in public officials and the highest law enforcement officials, they have a duty to balance these things. And, you know, I think a simple phone call would have done the trick.\"\u003c/p>\n\u003cp>Mirkarimi is up for re-election in November. He and Lee have been at odds since the mayor -- unsuccessfully -- tried to have Mirkarimi removed from office in 2012 after the sheriff pleaded guilty to a misdemeanor charge of false imprisonment related to an incident with his wife.\u003c/p>\n\u003cp>In defending his department against the notion that it should have informed ICE of Sanchez's release, Mirkarimi again pointed to San Francisco's \u003ca href=\"https://sfgov.legistar.com/View.ashx?M=F&ID=2650835&GUID=9E9091EA-082D-41EB-8282-43E2BD3AC2CA\" target=\"_blank\">Due Process for All Ordinance\u003c/a> (which he has repeatedly mentioned by tacking on: \"Passed by the Board of Supervisors and signed by the mayor.\") Mirkarimi said:\u003c/p>\n\u003cp>“The mayor ‘s throwing his own law under the bus, simply trying to walk away or run away from the very ordinance he signed into effect. Because if in fact that he’s looking for some ambiguity in the law in order to cover his position, then it really defeats the whole purpose of the law in the first place.\"\u003c/p>\n\u003cp>Sheriff’s Department employees shouldn’t have to determine when and how much to cooperate with ICE in connection with detainer requests, which have been \u003ca href=\"http://immigrantjustice.org/sites/immigrantjustice.org/files/Miranda-Olivares%20%20v%20Clackamas%20County%20%28D%20Or.%20detainer%20SJ%20decision%29.pdf\" target=\"_blank\">ruled unconstitutional\u003c/a> by federal courts, Mirkarimi said.\u003c/p>\n\u003cp>The Due Process ordinance does not address giving ICE advance notice of a release. But Mirkarimi said, \"If you look very clearly In the declarative sense of the law, of what the intention is ... then [critics] are asking us to use a subjective barometer that would then eventually conflict with the constitutional concerns that motivated the birth of the law in the first place.\"\u003c/p>\n\u003cp>He said Sanchez’s record of convictions for nonviolent drug offenses and re-entering the country illegally did not “meet the threshold of the local law that would require us to pick up the phone or use our discretion.\"\u003c/p>\n\u003cp>When asked how many detainers from ICE the Sheriff’s Department had honored, Mirkarimi said none.\u003c/p>\n\u003cp>Regarding the issue of why Sanchez was transferred from federal prison to San Francisco on a 20-year-old bench warrant, subsequently dismissed, Mirkarimi said his department had no discretion but to bring him back to the city.\u003c/p>\n\u003cp>“A bench warrant is different from a district attorney warrant,” he said. \"We can intervene (with) the San Francisco district attorney. On a bench warrant, we cannot. That’s the magistrate.”\u003c/p>\n\u003cp>Mirkarimi again laid blame on the federal government for Sanchez’s return, saying that if ICE wanted to deport him, it should have obtained a warrant or court order, which unlike detainer requests would have had the force of law,.\u003c/p>\n\u003cp>ICE, which has said the tragedy could have been prevented if local authorities had notified it of Sanchez’s release, has said “the whole system would collapse” should it have to obtain judicial orders for every deportation.\u003c/p>\n\u003cp>If that is an inconvenience, Mirkarimi said, “then it’s inconvenient for us to be testing the erosion of the Constitution. And that's part of the inherent conflict that needs to be reconciled and has been well explained to leadership of ICE. “\u003c/p>\n\u003cp>\u003cstrong>Update, 2 p.m. Thursday\u003c/strong>\u003c/p>\n\u003cp>The San Francisco Sheriff's Department said it had no choice but to request and arrange for the transfer to its custody of Juan Francisco Lopez-Sanchez, who has been charged with murder in the July 1 shooting of Kathryn Steinle on Pier 14 near the Ferry Building.\u003c/p>\n\u003cp>In fact, sheriff's officials insist they were \"obligated\" to do so.\u003c/p>\n\u003cp>Freya Horne, chief legal counsel for the department, said in an email that the Sheriff's Department warrant bureau was contacted on March 21 by the Bureau of Federal Prisons about an outstanding 1995 felony warrant issued by the court for possession-for-sale and sale of marijuana.\u003c/p>\n\u003cp>\"The Sheriff’s Department responded as is required protocol with a routine letter to arrange for pickup of Lopez-Sanchez from federal custody to transport him to court in San Francisco on the outstanding warrant,\" Horne wrote. \"The Sheriff’s Department arranged for Lopez-Sanchez’s transportation and he was booked into San Francisco County Jail on March 26, 2015. He went to court on March 27, 2015 and the court dismissed the charges.\"\u003c/p>\n\u003cp>Horne noted that the warrant had been on the books two decades, and yet this was the first time the Sheriff’s Department was contacted about it despite the fact Sanchez had been deported directly from federal custody several times in that 20-year period without any contact to clear the warrant.\u003c/p>\n\u003cp>The letter from the Sheriff's Department can be seen at the bottom of this post.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/07/mirkarimistatement_Redacted.jpg\" target=\"_blank\">A separate statement\u003c/a> by San Francisco Sheriff Ross Mirkarimi asked: \"Why now do the Feds call SF to satisfy the bench warrant when they could have released him to ICE for deportation proceedings as they had done numerous times before? Why not call the DA or Magistrate to obviate the transfer since SF rarely prosecutes for marijuana possession and sale?\u003c/p>\n\u003cp>By law, once we are contacted -- and the Feds contacted SF first -- SF Sheriff is obligated to arrange transportation for the outstanding bench warrant, which we did.\"\u003c/p>\n\u003cp>It conluded: \"ICE violated their own policy - federal authorities should have proceeded directly with deportation as they had done several times previously.\"\u003c/p>\n\u003cp>\u003cstrong>Update, 9:30 a.m. Thursday:\u003c/strong>\u003c/p>\n\u003cp>There is a new twist in the relentless finger-pointing and he-said/she-said exchanges over who's to blame for the fatal July 1 shooting of Kathryn Steinle on San Francisco's Pier 14.\u003c/p>\n\u003cp>According to the \u003ca href=\"http://www.sfgate.com/news/article/Lee-slams-Mirkarimi-for-not-talking-to-6373929.php\" target=\"_blank\">San Francisco Chronicle, \u003c/a>suspect Juan Francisco Lopez-Sanchez -- an undocumented immigrant with a string of drug felonies and five deportations -- ended up in the city in March because the San Francisco Sheriff's Department asked Bureau of Prisons officials to return him after he'd finished serving a 46-month prison term in Victorville for illegal re-entry to the United States.\u003c/p>\n\u003cp>The request (\u003ca href=\"#warrant\">read below\u003c/a>) by the sheriff's office was allegedly made to resolve a $20 marijuana case that was quickly dismissed.\u003c/p>\n\u003cp>The revelation contradicts statements that Sheriff Ross Mirkarimi made on \u003ca href=\"http://www.kqed.org/a/forum/R201507070900\" target=\"_blank\">KQED's \u003cem>Forum\u003c/em> on Tuesday morning\u003c/a>, in which he said: “We’re trying to understand why ICE returned Sanchez to San Francisco on a 20-year-old marijuana possession charge in a city that really doesn’t even prosecute marijuana possession … and knowing that he had been deported and illegally entered the country.\" (It was actually the Bureau of Prisons that transferred Sanchez, not ICE.)\u003c/p>\n\u003cp>However, according to the Chronicle:\u003c/p>\n\u003cblockquote>\u003cp>Mirkarimi’s agency requested custody of Juan Francisco Lopez-Sanchez as he was completing a 46-month stint in federal prison in March in San Bernardino County, according to a Sheriff’s Department letter obtained by The Chronicle. Lopez-Sanchez had been deported five times to Mexico and had been imprisoned for illegally re-entering the U.S.\u003c/p>\n\u003cp>The federal Bureau of Prisons alerted the Sheriff’s Department in March that Lopez-Sanchez was going to be released. Mirkarimi’s agency, realizing that Lopez-Sanchez was wanted on a $5,000 bench warrant related to a 1995 marijuana possession-for-sale case, asked prison officials March 23 to hold him and to notify San Francisco authorities “when the subject is ready for our pick-up.”\u003c/p>\n\u003cp>“Also, please notify us if the hold cannot be placed or the named subject is released to another jurisdiction prior to our receipt,” said the letter, signed by Vic Gaerlan of the sheriff’s warrant bureau.\u003c/p>\u003c/blockquote>\n\u003cp>Also, more details have emerged about the gun, which belonged to a Bureau of Land Management agent, that was used in the killing of Steinle. BLM spokeswoman Dana Wilson told KQED's Alex Emslie:\u003c/p>\n\u003cp>“The weapon was stolen in downtown San Francisco on June 27. The officer was traveling through San Francisco when his vehicle was broken into and the theft occurred. He immediately reported that to the San Francisco Police Department, in addition to following our internal protocols and informing the National Crime Information Center.”\u003c/p>\n\u003cp>\u003cstrong>Update, 12:20 p.m. Wednesday: \u003c/strong>\u003c/p>\n\u003cp>The Associated Press reports that the U.S. Bureau of Land Management said one of its agents' service guns was used in the shooting death of a woman walking on a popular San Francisco pier.\u003c/p>\n\u003cp>BLM spokeswoman Dana Wilson said Wednesday that the weapon was issued to an agency ranger and was stolen from the agent's car while he was in San Francisco on business.\u003c/p>\n\u003cp>Juan Francisco Lopez-Sanchez, who has been deported to his native Mexico five times and is suspected of living in the United States illegally, told television news stations that he found the gun on Pier 14 and that it accidentally fired.\u003c/p>\n\u003cp>Meanwhile, the Matier & Ross column in today's \u003ca href=\"http://www.sfchronicle.com/bayarea/matier-ross/article/Pier-slaying-suspect-s-twisted-road-to-S-F-6371537.php?cmpid=gsa-sfgate-result\" target=\"_blank\">San Francisco Chronicle\u003c/a> said one pivotal question hasn't been completely answered yet: \"Why didn't the feds deport Sanchez when they had the chance?\"\u003c/p>\n\u003cblockquote>\u003cp>Records show that Lopez-Sanchez had spent 46 months in federal lockup in Victorville (San Bernardino County) for entering the country illegally, then was returned to San Francisco by the federal Bureau of Prisons in March to clear an outstanding felony drug warrant dating from two decades ago.\u003c/p>\n\u003cp>However, federal immigration officials had already managed to deport Lopez-Sanchez five times since that warrant was issued, apparently without ever having sent him to San Francisco to answer to the drug charge.\u003c/p>\u003c/blockquote>\n\u003cp>A spokesman for the DA's office said the Bureau of Prisons didn't let prosecutors know Sanchez was being sent to San Francisco. A spokeswoman for U.S. Immigration and Customs Enforcement said her agency would have shipped him back to Mexico if the Bureau of Prisons had turned him over, as it had the previous five times. The bureau's spokesman couldn't explain why the 1995 case had never come up before, but said his agency was following standard procedure in sending Sanchez to San Francisco this year.\u003c/p>\n\u003cp>Also, in the endless blame game that has been a byproduct of the shooting, Mayor Ed Lee, during an appearance on KQED's \u003cem>Forum\u003c/em> this morning, once again blasted San Francisco Sheriff Ross Mirkarimi.\u003c/p>\n\u003cp>\"Who had hands on this felon, this repeated serious felon, last? \" Lee said. \"I do happen to agree with Senator Feinstein that you look at who had the last responsibility. It was our sheriff. \"\u003c/p>\n\u003cp>\u003cstrong>Update, 6:25 p.m. Tuesday:\u003c/strong> A source close to the investigation, speaking on condition of anonymity, confirmed to KQED News that the gun Francisco Sanchez used to shoot and kill Kate Steinle belonged to a federal agent. The source could not say how Sanchez obtained the gun or which agency the agent worked for.\u003c/p>\n\u003cp>\u003cstrong>Original story:\u003c/strong>\u003cbr>\nSan Francisco Sheriff Ross Mirkarimi \u003ca href=\"http://www.kqed.org/a/forum/R201507070900\" target=\"_blank\">appeared on KQED \u003cem>Forum\u003c/em>\u003c/a> Tuesday and deflected blame to U.S. Immigration and Customs Enforcement for the release from jail of the man who went on to allegedly shoot and kill 32-year-old Kathryn Steinle in San Francisco last Wednesday.\u003c/p>\n\u003cp>The suspect, Juan Francisco Lopez-Sanchez -- who has been referred to by several different names within the U.S. criminal justice system, according to the \u003ca href=\"http://www.latimes.com/local/crime/la-me-sf-shooting-20150707-story.html#page=1\" target=\"_blank\">L.A. Times\u003c/a> -- pleaded not guilty to murder charges in Superior Court Tuesday.\u003c/p>\n\u003cp>Sanchez had been released by the Sheriff's Department from San Francisco County Jail on April 15, despite a \u003ca href=\"http://www.ice.gov/factsheets/detainer-faq\" target=\"_blank\">detainer request\u003c/a> from ICE and a long rap sheet, which NBC Bay Area has \u003ca href=\"http://www.nbcbayarea.com/news/local/Francisco-Sanchez-Pier-14-Heroin-Deportation-Immigration-Debate-Steinle-312139981.html?_osource=SocialFlowTwt_BAYBrand#data\" target=\"_blank\">transcribed\u003c/a>. Sanchez's criminal record stretches back to 1991 and includes convictions for heroin possession, manufacturing narcotics and -- in between deportations -- multiple instances of illegally re-entering the United States.\u003c/p>\n\u003cp>In March, Sanchez -- who is 52, according to the San Francisco DA's Office -- finished serving a federal prison sentence for felony re-entry into the U.S. The Federal Bureau of Prisons then transferred him to the San Francisco County Sheriff’s Department, based on an outstanding arrest warrant from the San Francisco Police Department.\u003c/p>\n\u003cp>A spokesman for the bureau told KQED that it was the Sheriff's Department that initiated the request to transfer Sanchez to San Francisco. The Sheriff's Department has a different take: It says the BOP initiated the request.\u003c/p>\n\u003cp>But could the Bureau of Prisons have informed ICE directly that an individual who had just served time for felony re-entry was being released?\u003c/p>\n\u003cp>\"It is not the BOP’s responsibility to tell us,\" wrote ICE spokeswoman Gillian Christensen. \"We lodged the detainer with [the San Francisco Sheriff's Office] -- it was their responsibility to tell us they were cutting him loose.\"\u003c/p>\n\u003cp>In any event, the Bureau of Prisons said in an email that an ICE deportation matter would not have taken priority over a local request.\u003c/p>\n\u003cp>\u003cstrong>Charges Dismissed March 27\u003c/strong>\u003c/p>\n\u003cp>The \u003ca href=\"http://www.sfgate.com/news/article/S-F-drug-warrant-helped-accused-killer-stay-in-6369360.php\" target=\"_blank\">San Francisco Chronicle reported\u003c/a> the charge that brought Sanchez back to San Francisco from prison was related to buying $20 worth of marijuana from police in 1995 and \"a separate count of selling more than 28 grams of pot.\" When he skipped his court appearance, the Chronicle says, a judge issued a bench warrant for his arrest.\u003c/p>\n\u003cp>Those charges were dismissed on March 27.\u003c/p>\n\u003cp>ICE, meanwhile, had received notification that Sanchez had been booked into San Francisco custody and had sent a request for an immigration detainer, asking to be notified prior to his release.\u003c/p>\n\u003cp>ICE has laid blame for Sanchez's unsupervised release squarely on the Sheriff's Department for ignoring its request.\u003c/p>\n\u003cp>“Bottom line: If the local authorities had merely NOTIFIED ICE (ICE emphasis) that they were about to release this individual into the community,\" a spokesperson said in an email, \"ICE could have taken custody of him and had him removed from the country -- thus preventing this terrible tragedy.\"\u003c/p>\n\u003cp>\u003cstrong>City Ordinance\u003c/strong>\u003c/p>\n\u003cp>But Mirkarimi said on \u003cem>Forum\u003c/em> that his department ignored the detainer request in accordance with a 2013 \u003ca href=\"http://www.sfbos.org/ftp/uploadedfiles/bdsupvrs/ordinances13/o0204-13.pdf\" target=\"_blank\">city ordinance\u003c/a> that specifically states: \"A law enforcement official shall not detain an individual on the basis of an immigration detainer after that individual becomes eligible for release from custody.\"\u003c/p>\n\u003cp>Exceptions to the policy exist for those individuals who have been convicted of a violent felony within the past seven years and are currently in custody for another violent felony, of which a magistrate has determined there is probable cause of guilt.\u003c/p>\n\u003cp>Officials who want to hold a prisoner under this exception must also \"consider evidence of the individual's rehabilitation and evaluate whether the individual poses a public safety risk.\"\u003c/p>\n\u003cp>A state law, called the Trust Act, also prohibits local law enforcement from detaining noncitizens past their release date, again with exceptions for those who have committed violent crimes.\u003c/p>\n\u003cp>And a federal court decision in Oregon last year ruled that ICE's authority to issue detainers was \u003ca href=\"http://immigrantjustice.org/sites/immigrantjustice.org/files/Miranda-Olivares%20%20v%20Clackamas%20County%20(D%20Or.%20detainer%20SJ%20decision).pdf\" target=\"_blank\">unconstitutional\u003c/a>.\u003c/p>\n\u003cp>Ignoring detainer requests from immigration authorities is not uncommon, apparently. \u003ca href=\"http://www.nbcbayarea.com/news/local/Francisco-Sanchez-Pier-14-Heroin-Deportation-Immigration-Debate-Steinle-312139981.html\">NBC Bay Area reports\u003c/a>: \"Between January 1, 2014, and June 19, ICE records show there have been 10,516 detainers declined in California and 17,193 detainers declined nationwide.\"\u003c/p>\n\u003cp>\u003cstrong>'This Isn't Like It Was a Surprise'\u003c/strong>\u003c/p>\n\u003cp>Mirkarimi said today he met with the Department of Homeland Security in February to reiterate San Francisco's policy of requiring an order or a warrant in order to honor a detainer request.\u003c/p>\n\u003cp>\"This isn’t like it was a surprise,\" Mirkarimi said. \"And what is even more baffling is that here's somebody that ICE essentially has allowed to be brought to San Francisco on a a 20-year-old warrant for a marijuana narcotics charge, which we don’t prosecute. They fail to even enact their own guidelines for the sixth deportation or illegal re-entry potentially of Mr Sanchez. And then they knew from the rap sheet that the case was summarily dismissed by the magistrate here as soon as he arrived.\"\u003c/p>\n\u003cp>\u003cem>Forum\u003c/em> invited ICE to send a representative to the show, but the agency declined. ICE spokeswoman Virginia Kice told the Chronicle that obtaining a court order in detainer cases wasn't practical.\u003c/p>\n\u003cp>“We deported 177,000 people last year,” she said. “The whole system would collapse.”\u003c/p>\n\u003cp>\u003cstrong>Passing the Buck?\u003c/strong>\u003c/p>\n\u003cp>Joseph Russoniello, former U.S. attorney for the Northern District of California, who appeared on today's show with Mirkarimi, said it would be unusual for a court to issue an order in such cases. Deportations are \"not done on the basis of criminal prosecutions,\" he said. \"They're done on the basis of either voluntary removal or deportation orders.\"\u003c/p>\n\u003cp>Russoniello said Mirkarimi was trying to pass the buck by blaming ICE. \"It sort of suggests no one really wants to take responsibility for what happened here,\" he said.\u003c/p>\n\u003cp>He said cities like San Francisco that declare themselves a \u003ca href=\"http://sfgsa.org/index.aspx?page=1067\" target=\"_blank\">sanctuary, \u003c/a>where officials are prohibited from assisting in immigration enforcement, were enacting bad policy.\u003c/p>\n\u003cp>Mirkarimi retorted that over 300 municipalities in the U.S. had similar policies of not cooperating with detainer requests.\u003c/p>\n\u003cp>ICE did say in a statement that it \"understands local law enforcement's reticence about this issue.\"\u003cbr>\n\u003ca name=\"warrant\">\u003c/a>\u003cbr>\nThe agency said a new initiative called the \u003ca href=\"https://www.ice.gov/pep\" target=\"_blank\">Priority Enforcement Program\u003c/a> will support \"community policing while ensuring ICE takes custody of dangerous criminals before they are released into the community. \"\u003c/p>\n\u003cp>\u003cem>Alex Emslie, Scott Shafer and Adam Grossberg of KQED News contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>[scribd id=271064564 key=key-bbCwHJ0SH9dXtHkTyHm8 mode=scroll]\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 3 p.m. Friday\u003c/strong>\u003c/p>\n\u003cp>In a morning press conference, San Francisco Sheriff Ross Mirkarimi again defended his department against criticism that it did not inform immigration authorities before the April 15 release of Juan Francisco Lopez-Sanchez, who has been charged with murder in the July 1 shooting death of Kathryn Steinle.\u003c/p>\n\u003cp>U.S. Immigration and Customs Enforcement had requested that the Sheriff's Department detain Sanchez so he could be deported. But keeping with city policy, the department ignored the request.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='225'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/214160175&visual=true&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false&visual=true'\n title='https://api.soundcloud.com/tracks/214160175'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Mirkarimi today prefaced his remarks by saying, \"I find it incredibly sad and incomprehensible that this tragedy is being used as a platform for political gain.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Both Mayor Ed Lee and Sen. Dianne Feinstein have called out the Sheriff's Department for not notifying ICE that Sanchez, with multiple drug felonies and deportations on his record, would be released from jail. Lee was especially critical in his Wednesday \u003ca href=\"http://www.kqed.org/a/forum/R201507080900\" target=\"_blank\">appearance on KQED \u003cem>Forum\u003c/em>\u003c/a>\u003cem>,\u003c/em> making comments like the following:\u003c/p>\n\u003cblockquote>\u003cp>You know, the ordinary thing is to look at who had hands on this felon, this repeated serious felony violator, last. And I'm trying to understand the whole picture, from the feds to the local. But I do happen to agree with Senator Feinstein that you look at who had that last responsibility. It was our sheriff. ... And when the feds released this person to us, there could have been a notification that we're about to release a repeat serious felony offender, who is not legally here. It's a phone call, Michael, and I think the sheriff dropped the ball there.\u003c/p>\u003c/blockquote>\n\u003cp>Later, Lee said: \" So, I want to keep this simple for the public that when you vote in public officials and the highest law enforcement officials, they have a duty to balance these things. And, you know, I think a simple phone call would have done the trick.\"\u003c/p>\n\u003cp>Mirkarimi is up for re-election in November. He and Lee have been at odds since the mayor -- unsuccessfully -- tried to have Mirkarimi removed from office in 2012 after the sheriff pleaded guilty to a misdemeanor charge of false imprisonment related to an incident with his wife.\u003c/p>\n\u003cp>In defending his department against the notion that it should have informed ICE of Sanchez's release, Mirkarimi again pointed to San Francisco's \u003ca href=\"https://sfgov.legistar.com/View.ashx?M=F&ID=2650835&GUID=9E9091EA-082D-41EB-8282-43E2BD3AC2CA\" target=\"_blank\">Due Process for All Ordinance\u003c/a> (which he has repeatedly mentioned by tacking on: \"Passed by the Board of Supervisors and signed by the mayor.\") Mirkarimi said:\u003c/p>\n\u003cp>“The mayor ‘s throwing his own law under the bus, simply trying to walk away or run away from the very ordinance he signed into effect. Because if in fact that he’s looking for some ambiguity in the law in order to cover his position, then it really defeats the whole purpose of the law in the first place.\"\u003c/p>\n\u003cp>Sheriff’s Department employees shouldn’t have to determine when and how much to cooperate with ICE in connection with detainer requests, which have been \u003ca href=\"http://immigrantjustice.org/sites/immigrantjustice.org/files/Miranda-Olivares%20%20v%20Clackamas%20County%20%28D%20Or.%20detainer%20SJ%20decision%29.pdf\" target=\"_blank\">ruled unconstitutional\u003c/a> by federal courts, Mirkarimi said.\u003c/p>\n\u003cp>The Due Process ordinance does not address giving ICE advance notice of a release. But Mirkarimi said, \"If you look very clearly In the declarative sense of the law, of what the intention is ... then [critics] are asking us to use a subjective barometer that would then eventually conflict with the constitutional concerns that motivated the birth of the law in the first place.\"\u003c/p>\n\u003cp>He said Sanchez’s record of convictions for nonviolent drug offenses and re-entering the country illegally did not “meet the threshold of the local law that would require us to pick up the phone or use our discretion.\"\u003c/p>\n\u003cp>When asked how many detainers from ICE the Sheriff’s Department had honored, Mirkarimi said none.\u003c/p>\n\u003cp>Regarding the issue of why Sanchez was transferred from federal prison to San Francisco on a 20-year-old bench warrant, subsequently dismissed, Mirkarimi said his department had no discretion but to bring him back to the city.\u003c/p>\n\u003cp>“A bench warrant is different from a district attorney warrant,” he said. \"We can intervene (with) the San Francisco district attorney. On a bench warrant, we cannot. That’s the magistrate.”\u003c/p>\n\u003cp>Mirkarimi again laid blame on the federal government for Sanchez’s return, saying that if ICE wanted to deport him, it should have obtained a warrant or court order, which unlike detainer requests would have had the force of law,.\u003c/p>\n\u003cp>ICE, which has said the tragedy could have been prevented if local authorities had notified it of Sanchez’s release, has said “the whole system would collapse” should it have to obtain judicial orders for every deportation.\u003c/p>\n\u003cp>If that is an inconvenience, Mirkarimi said, “then it’s inconvenient for us to be testing the erosion of the Constitution. And that's part of the inherent conflict that needs to be reconciled and has been well explained to leadership of ICE. “\u003c/p>\n\u003cp>\u003cstrong>Update, 2 p.m. Thursday\u003c/strong>\u003c/p>\n\u003cp>The San Francisco Sheriff's Department said it had no choice but to request and arrange for the transfer to its custody of Juan Francisco Lopez-Sanchez, who has been charged with murder in the July 1 shooting of Kathryn Steinle on Pier 14 near the Ferry Building.\u003c/p>\n\u003cp>In fact, sheriff's officials insist they were \"obligated\" to do so.\u003c/p>\n\u003cp>Freya Horne, chief legal counsel for the department, said in an email that the Sheriff's Department warrant bureau was contacted on March 21 by the Bureau of Federal Prisons about an outstanding 1995 felony warrant issued by the court for possession-for-sale and sale of marijuana.\u003c/p>\n\u003cp>\"The Sheriff’s Department responded as is required protocol with a routine letter to arrange for pickup of Lopez-Sanchez from federal custody to transport him to court in San Francisco on the outstanding warrant,\" Horne wrote. \"The Sheriff’s Department arranged for Lopez-Sanchez’s transportation and he was booked into San Francisco County Jail on March 26, 2015. He went to court on March 27, 2015 and the court dismissed the charges.\"\u003c/p>\n\u003cp>Horne noted that the warrant had been on the books two decades, and yet this was the first time the Sheriff’s Department was contacted about it despite the fact Sanchez had been deported directly from federal custody several times in that 20-year period without any contact to clear the warrant.\u003c/p>\n\u003cp>The letter from the Sheriff's Department can be seen at the bottom of this post.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/07/mirkarimistatement_Redacted.jpg\" target=\"_blank\">A separate statement\u003c/a> by San Francisco Sheriff Ross Mirkarimi asked: \"Why now do the Feds call SF to satisfy the bench warrant when they could have released him to ICE for deportation proceedings as they had done numerous times before? Why not call the DA or Magistrate to obviate the transfer since SF rarely prosecutes for marijuana possession and sale?\u003c/p>\n\u003cp>By law, once we are contacted -- and the Feds contacted SF first -- SF Sheriff is obligated to arrange transportation for the outstanding bench warrant, which we did.\"\u003c/p>\n\u003cp>It conluded: \"ICE violated their own policy - federal authorities should have proceeded directly with deportation as they had done several times previously.\"\u003c/p>\n\u003cp>\u003cstrong>Update, 9:30 a.m. Thursday:\u003c/strong>\u003c/p>\n\u003cp>There is a new twist in the relentless finger-pointing and he-said/she-said exchanges over who's to blame for the fatal July 1 shooting of Kathryn Steinle on San Francisco's Pier 14.\u003c/p>\n\u003cp>According to the \u003ca href=\"http://www.sfgate.com/news/article/Lee-slams-Mirkarimi-for-not-talking-to-6373929.php\" target=\"_blank\">San Francisco Chronicle, \u003c/a>suspect Juan Francisco Lopez-Sanchez -- an undocumented immigrant with a string of drug felonies and five deportations -- ended up in the city in March because the San Francisco Sheriff's Department asked Bureau of Prisons officials to return him after he'd finished serving a 46-month prison term in Victorville for illegal re-entry to the United States.\u003c/p>\n\u003cp>The request (\u003ca href=\"#warrant\">read below\u003c/a>) by the sheriff's office was allegedly made to resolve a $20 marijuana case that was quickly dismissed.\u003c/p>\n\u003cp>The revelation contradicts statements that Sheriff Ross Mirkarimi made on \u003ca href=\"http://www.kqed.org/a/forum/R201507070900\" target=\"_blank\">KQED's \u003cem>Forum\u003c/em> on Tuesday morning\u003c/a>, in which he said: “We’re trying to understand why ICE returned Sanchez to San Francisco on a 20-year-old marijuana possession charge in a city that really doesn’t even prosecute marijuana possession … and knowing that he had been deported and illegally entered the country.\" (It was actually the Bureau of Prisons that transferred Sanchez, not ICE.)\u003c/p>\n\u003cp>However, according to the Chronicle:\u003c/p>\n\u003cblockquote>\u003cp>Mirkarimi’s agency requested custody of Juan Francisco Lopez-Sanchez as he was completing a 46-month stint in federal prison in March in San Bernardino County, according to a Sheriff’s Department letter obtained by The Chronicle. Lopez-Sanchez had been deported five times to Mexico and had been imprisoned for illegally re-entering the U.S.\u003c/p>\n\u003cp>The federal Bureau of Prisons alerted the Sheriff’s Department in March that Lopez-Sanchez was going to be released. Mirkarimi’s agency, realizing that Lopez-Sanchez was wanted on a $5,000 bench warrant related to a 1995 marijuana possession-for-sale case, asked prison officials March 23 to hold him and to notify San Francisco authorities “when the subject is ready for our pick-up.”\u003c/p>\n\u003cp>“Also, please notify us if the hold cannot be placed or the named subject is released to another jurisdiction prior to our receipt,” said the letter, signed by Vic Gaerlan of the sheriff’s warrant bureau.\u003c/p>\u003c/blockquote>\n\u003cp>Also, more details have emerged about the gun, which belonged to a Bureau of Land Management agent, that was used in the killing of Steinle. BLM spokeswoman Dana Wilson told KQED's Alex Emslie:\u003c/p>\n\u003cp>“The weapon was stolen in downtown San Francisco on June 27. The officer was traveling through San Francisco when his vehicle was broken into and the theft occurred. He immediately reported that to the San Francisco Police Department, in addition to following our internal protocols and informing the National Crime Information Center.”\u003c/p>\n\u003cp>\u003cstrong>Update, 12:20 p.m. Wednesday: \u003c/strong>\u003c/p>\n\u003cp>The Associated Press reports that the U.S. Bureau of Land Management said one of its agents' service guns was used in the shooting death of a woman walking on a popular San Francisco pier.\u003c/p>\n\u003cp>BLM spokeswoman Dana Wilson said Wednesday that the weapon was issued to an agency ranger and was stolen from the agent's car while he was in San Francisco on business.\u003c/p>\n\u003cp>Juan Francisco Lopez-Sanchez, who has been deported to his native Mexico five times and is suspected of living in the United States illegally, told television news stations that he found the gun on Pier 14 and that it accidentally fired.\u003c/p>\n\u003cp>Meanwhile, the Matier & Ross column in today's \u003ca href=\"http://www.sfchronicle.com/bayarea/matier-ross/article/Pier-slaying-suspect-s-twisted-road-to-S-F-6371537.php?cmpid=gsa-sfgate-result\" target=\"_blank\">San Francisco Chronicle\u003c/a> said one pivotal question hasn't been completely answered yet: \"Why didn't the feds deport Sanchez when they had the chance?\"\u003c/p>\n\u003cblockquote>\u003cp>Records show that Lopez-Sanchez had spent 46 months in federal lockup in Victorville (San Bernardino County) for entering the country illegally, then was returned to San Francisco by the federal Bureau of Prisons in March to clear an outstanding felony drug warrant dating from two decades ago.\u003c/p>\n\u003cp>However, federal immigration officials had already managed to deport Lopez-Sanchez five times since that warrant was issued, apparently without ever having sent him to San Francisco to answer to the drug charge.\u003c/p>\u003c/blockquote>\n\u003cp>A spokesman for the DA's office said the Bureau of Prisons didn't let prosecutors know Sanchez was being sent to San Francisco. A spokeswoman for U.S. Immigration and Customs Enforcement said her agency would have shipped him back to Mexico if the Bureau of Prisons had turned him over, as it had the previous five times. The bureau's spokesman couldn't explain why the 1995 case had never come up before, but said his agency was following standard procedure in sending Sanchez to San Francisco this year.\u003c/p>\n\u003cp>Also, in the endless blame game that has been a byproduct of the shooting, Mayor Ed Lee, during an appearance on KQED's \u003cem>Forum\u003c/em> this morning, once again blasted San Francisco Sheriff Ross Mirkarimi.\u003c/p>\n\u003cp>\"Who had hands on this felon, this repeated serious felon, last? \" Lee said. \"I do happen to agree with Senator Feinstein that you look at who had the last responsibility. It was our sheriff. \"\u003c/p>\n\u003cp>\u003cstrong>Update, 6:25 p.m. Tuesday:\u003c/strong> A source close to the investigation, speaking on condition of anonymity, confirmed to KQED News that the gun Francisco Sanchez used to shoot and kill Kate Steinle belonged to a federal agent. The source could not say how Sanchez obtained the gun or which agency the agent worked for.\u003c/p>\n\u003cp>\u003cstrong>Original story:\u003c/strong>\u003cbr>\nSan Francisco Sheriff Ross Mirkarimi \u003ca href=\"http://www.kqed.org/a/forum/R201507070900\" target=\"_blank\">appeared on KQED \u003cem>Forum\u003c/em>\u003c/a> Tuesday and deflected blame to U.S. Immigration and Customs Enforcement for the release from jail of the man who went on to allegedly shoot and kill 32-year-old Kathryn Steinle in San Francisco last Wednesday.\u003c/p>\n\u003cp>The suspect, Juan Francisco Lopez-Sanchez -- who has been referred to by several different names within the U.S. criminal justice system, according to the \u003ca href=\"http://www.latimes.com/local/crime/la-me-sf-shooting-20150707-story.html#page=1\" target=\"_blank\">L.A. Times\u003c/a> -- pleaded not guilty to murder charges in Superior Court Tuesday.\u003c/p>\n\u003cp>Sanchez had been released by the Sheriff's Department from San Francisco County Jail on April 15, despite a \u003ca href=\"http://www.ice.gov/factsheets/detainer-faq\" target=\"_blank\">detainer request\u003c/a> from ICE and a long rap sheet, which NBC Bay Area has \u003ca href=\"http://www.nbcbayarea.com/news/local/Francisco-Sanchez-Pier-14-Heroin-Deportation-Immigration-Debate-Steinle-312139981.html?_osource=SocialFlowTwt_BAYBrand#data\" target=\"_blank\">transcribed\u003c/a>. Sanchez's criminal record stretches back to 1991 and includes convictions for heroin possession, manufacturing narcotics and -- in between deportations -- multiple instances of illegally re-entering the United States.\u003c/p>\n\u003cp>In March, Sanchez -- who is 52, according to the San Francisco DA's Office -- finished serving a federal prison sentence for felony re-entry into the U.S. The Federal Bureau of Prisons then transferred him to the San Francisco County Sheriff’s Department, based on an outstanding arrest warrant from the San Francisco Police Department.\u003c/p>\n\u003cp>A spokesman for the bureau told KQED that it was the Sheriff's Department that initiated the request to transfer Sanchez to San Francisco. The Sheriff's Department has a different take: It says the BOP initiated the request.\u003c/p>\n\u003cp>But could the Bureau of Prisons have informed ICE directly that an individual who had just served time for felony re-entry was being released?\u003c/p>\n\u003cp>\"It is not the BOP’s responsibility to tell us,\" wrote ICE spokeswoman Gillian Christensen. \"We lodged the detainer with [the San Francisco Sheriff's Office] -- it was their responsibility to tell us they were cutting him loose.\"\u003c/p>\n\u003cp>In any event, the Bureau of Prisons said in an email that an ICE deportation matter would not have taken priority over a local request.\u003c/p>\n\u003cp>\u003cstrong>Charges Dismissed March 27\u003c/strong>\u003c/p>\n\u003cp>The \u003ca href=\"http://www.sfgate.com/news/article/S-F-drug-warrant-helped-accused-killer-stay-in-6369360.php\" target=\"_blank\">San Francisco Chronicle reported\u003c/a> the charge that brought Sanchez back to San Francisco from prison was related to buying $20 worth of marijuana from police in 1995 and \"a separate count of selling more than 28 grams of pot.\" When he skipped his court appearance, the Chronicle says, a judge issued a bench warrant for his arrest.\u003c/p>\n\u003cp>Those charges were dismissed on March 27.\u003c/p>\n\u003cp>ICE, meanwhile, had received notification that Sanchez had been booked into San Francisco custody and had sent a request for an immigration detainer, asking to be notified prior to his release.\u003c/p>\n\u003cp>ICE has laid blame for Sanchez's unsupervised release squarely on the Sheriff's Department for ignoring its request.\u003c/p>\n\u003cp>“Bottom line: If the local authorities had merely NOTIFIED ICE (ICE emphasis) that they were about to release this individual into the community,\" a spokesperson said in an email, \"ICE could have taken custody of him and had him removed from the country -- thus preventing this terrible tragedy.\"\u003c/p>\n\u003cp>\u003cstrong>City Ordinance\u003c/strong>\u003c/p>\n\u003cp>But Mirkarimi said on \u003cem>Forum\u003c/em> that his department ignored the detainer request in accordance with a 2013 \u003ca href=\"http://www.sfbos.org/ftp/uploadedfiles/bdsupvrs/ordinances13/o0204-13.pdf\" target=\"_blank\">city ordinance\u003c/a> that specifically states: \"A law enforcement official shall not detain an individual on the basis of an immigration detainer after that individual becomes eligible for release from custody.\"\u003c/p>\n\u003cp>Exceptions to the policy exist for those individuals who have been convicted of a violent felony within the past seven years and are currently in custody for another violent felony, of which a magistrate has determined there is probable cause of guilt.\u003c/p>\n\u003cp>Officials who want to hold a prisoner under this exception must also \"consider evidence of the individual's rehabilitation and evaluate whether the individual poses a public safety risk.\"\u003c/p>\n\u003cp>A state law, called the Trust Act, also prohibits local law enforcement from detaining noncitizens past their release date, again with exceptions for those who have committed violent crimes.\u003c/p>\n\u003cp>And a federal court decision in Oregon last year ruled that ICE's authority to issue detainers was \u003ca href=\"http://immigrantjustice.org/sites/immigrantjustice.org/files/Miranda-Olivares%20%20v%20Clackamas%20County%20(D%20Or.%20detainer%20SJ%20decision).pdf\" target=\"_blank\">unconstitutional\u003c/a>.\u003c/p>\n\u003cp>Ignoring detainer requests from immigration authorities is not uncommon, apparently. \u003ca href=\"http://www.nbcbayarea.com/news/local/Francisco-Sanchez-Pier-14-Heroin-Deportation-Immigration-Debate-Steinle-312139981.html\">NBC Bay Area reports\u003c/a>: \"Between January 1, 2014, and June 19, ICE records show there have been 10,516 detainers declined in California and 17,193 detainers declined nationwide.\"\u003c/p>\n\u003cp>\u003cstrong>'This Isn't Like It Was a Surprise'\u003c/strong>\u003c/p>\n\u003cp>Mirkarimi said today he met with the Department of Homeland Security in February to reiterate San Francisco's policy of requiring an order or a warrant in order to honor a detainer request.\u003c/p>\n\u003cp>\"This isn’t like it was a surprise,\" Mirkarimi said. \"And what is even more baffling is that here's somebody that ICE essentially has allowed to be brought to San Francisco on a a 20-year-old warrant for a marijuana narcotics charge, which we don’t prosecute. They fail to even enact their own guidelines for the sixth deportation or illegal re-entry potentially of Mr Sanchez. And then they knew from the rap sheet that the case was summarily dismissed by the magistrate here as soon as he arrived.\"\u003c/p>\n\u003cp>\u003cem>Forum\u003c/em> invited ICE to send a representative to the show, but the agency declined. ICE spokeswoman Virginia Kice told the Chronicle that obtaining a court order in detainer cases wasn't practical.\u003c/p>\n\u003cp>“We deported 177,000 people last year,” she said. “The whole system would collapse.”\u003c/p>\n\u003cp>\u003cstrong>Passing the Buck?\u003c/strong>\u003c/p>\n\u003cp>Joseph Russoniello, former U.S. attorney for the Northern District of California, who appeared on today's show with Mirkarimi, said it would be unusual for a court to issue an order in such cases. Deportations are \"not done on the basis of criminal prosecutions,\" he said. \"They're done on the basis of either voluntary removal or deportation orders.\"\u003c/p>\n\u003cp>Russoniello said Mirkarimi was trying to pass the buck by blaming ICE. \"It sort of suggests no one really wants to take responsibility for what happened here,\" he said.\u003c/p>\n\u003cp>He said cities like San Francisco that declare themselves a \u003ca href=\"http://sfgsa.org/index.aspx?page=1067\" target=\"_blank\">sanctuary, \u003c/a>where officials are prohibited from assisting in immigration enforcement, were enacting bad policy.\u003c/p>\n\u003cp>Mirkarimi retorted that over 300 municipalities in the U.S. had similar policies of not cooperating with detainer requests.\u003c/p>\n\u003cp>ICE did say in a statement that it \"understands local law enforcement's reticence about this issue.\"\u003cbr>\n\u003ca name=\"warrant\">\u003c/a>\u003cbr>\nThe agency said a new initiative called the \u003ca href=\"https://www.ice.gov/pep\" target=\"_blank\">Priority Enforcement Program\u003c/a> will support \"community policing while ensuring ICE takes custody of dangerous criminals before they are released into the community. \"\u003c/p>\n\u003cp>\u003cem>Alex Emslie, Scott Shafer and Adam Grossberg of KQED News contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "S.F. Waterfront Shooting Elicits Strong Responses From Politicians",
"title": "S.F. Waterfront Shooting Elicits Strong Responses From Politicians",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>The fatal shooting of 32-year-old Kathryn Steinle on July 1 at San Francisco's Pier 14 has drawn national attention and unleashed extensive debate over immigration. Juan Francisco Lopez-Sanchez -- who has a long list of felonies and deportations -- has been charged with murder. He entered a not guilty plea Tuesday.\u003c/p>\n\u003cp>Here's what some politicians are saying about the case:\u003c/p>\n\u003cp>\u003cstrong>Ed Lee, mayor of San Francisco, \u003ca href=\"http://www.sfmayor.org/index.aspx?page=846&recordid=913&returnURL=%2findex.aspx\" target=\"_blank\">written statement\u003c/a>\u003c/strong>\u003c/p>\n\u003cblockquote>\u003cp>There has been much discussion about San Francisco’s Sanctuary City Policy in the aftermath of Kathryn’s death. Let me be clear: San Francisco’s Sanctuary City Policy protects residents regardless of immigration status and is not intended to protect repeat, serious and violent felons.\u003c/p>\n\u003cp>Our City’s policy helps immigrant and limited-English-speaking communities where sometimes people fear and mistrust the criminal justice system. We want people to report crimes, we want children of undocumented immigrants to attend school, and we want families to get access to much needed social services without fear of their City government reporting them to Federal authorities. As the son of immigrant parents, I want others to know, San Francisco is a City where we protect the well-being and success of all families, regardless of immigration status.in an interv\u003c/p>\n\u003cp>As I said in 2013, we must protect both civil liberties and uphold public safety. Which is why, at the time, I promised to veto any legislation that completely eliminated the Sheriff’s ability to make a case-by-case determination about honoring U.S. Immigration and Customs Enforcement detainers. Our sanctuary policies should not create a safe harbor for convicted, violent felons.\u003c/p>\n\u003cp>I am concerned about the circumstances that led to the release of Mr. Sanchez. All agencies involved, Federal and local, need to conduct quick, thorough and objective reviews of their own departmental policies and the decisions they made in this case.\u003c/p>\u003c/blockquote>\n\u003cp>\u003ca href=\"https://soundcloud.com/kqedforum/san-francisco-mayor-ed-lee\" target=\"_blank\">Listen to full interview with Lee on KQED Forum\u003c/a>:\u003cbr>\n[soundcloud url=\"https://api.soundcloud.com/tracks/213859658\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>\u003cstrong>Ross Mirkarimi, sheriff of San Francisco, speaking with KQED's Scott Shafer\u003c/strong>\u003c/p>\n\u003cblockquote>\u003cp>We are law enforcement. We adhere to the law. And as to the law that was passed by the Board of Supervisors in 2013 and signed by Mayor Lee, to the letter of the law, we have been unfailing.\u003c/p>\n\u003cp>Now the situation with Mr. Sanchez really spotlights ... in my opinion, the ineptitude of ICE. ... This suspect, the defendant, was brought to us on a 20-year-old warrant for a marijuana possession charge. The city doesn't even really prosecute on marijuana. And that could have been avoided, I think, if ICE would have been serious about deporting him for what would have been ... the sixth time. Somebody like Mr. Sanchez, who has been deported and illegally reentered a number of times, met the criteria for their first tier and [ICE] could have just acted, side-stepping San Francisco. ...\u003c/p>\n\u003cp>I agree that we should not be harboring criminals ... but the truth of the matter, the truth of the matter, is that a local law that has been enacted, signed by the mayor, affirmed by federal court decision is that a detainer is not a legal document. And ICE has been made well aware of this, and that what we require is a court order or a warrant. ... ICE exists on Sansome Street, downtown San Francisco. They knew he was here well over two weeks beyond his release date. They just didn't follow through.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Dianne Feinstein, California senator, \u003ca href=\"http://www.feinstein.senate.gov/public/index.cfm/press-releases?ID=12df46ad-0787-4083-934b-857b64ed6d23\" target=\"_blank\">written statement\u003c/a>\u003c/strong>\u003c/p>\n\u003cblockquote>\u003cp>I have been looking into the circumstances related to the tragic killing of Kathryn Steinle. The suspect has been convicted of 10 crimes, including four drug felonies, and Immigration and Customs Enforcement had filed what is known as a detainer asking the San Francisco Sheriff's Department to hold Mr. Sanchez for deportation. The Sheriff’s Department failed to respond to that detainer and did not notify ICE when the individual was released.\u003c/p>\n\u003cp>I strongly believe that an undocumented individual, convicted of multiple felonies and with a detainer request from ICE, should not have been released. We should focus on deporting convicted criminals, not setting them loose on our streets. As a member of the Judiciary Committee, I am looking at whether additional federal legislation may be necessary.\u003c/p>\n\u003cp>I have written a letter to Mayor Lee suggesting he participate in DHS’s Priority Enforcement Program, as the Los Angeles County Board of Supervisors agreed to do in a recently adopted resolution. This program will enable federal law enforcement to better cooperate with state and local counterparts to take custody of individuals who pose a danger to public safety before they are released.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Barbara Boxer, California senator, \u003ca href=\"https://www.boxer.senate.gov/press/release/boxer-statement-on-detention-policies-following-tragic-death-of-kathryn-steinle/\" target=\"_blank\">written statement\u003c/a>\u003c/strong>\u003c/p>\n\u003cblockquote>\u003cp>For decades, I have supported deporting violent criminals, and I have always believed that sanctuary should not be given to felons.\u003c/p>\n\u003cp>I have reached out to Governor Brown to ask whether state law was followed in this case, and if so, whether the law needs to be strengthened to ensure that a tragedy like this never happens again.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Hillary Clinton, Democratic presidential hopeful, \u003ca href=\"http://www.cnn.com/2015/07/07/politics/hillary-clinton-cnn-interview/index.html\" target=\"_blank\">in an interview with CNN\u003c/a>\u003c/strong>\u003c/p>\n\u003cblockquote>\u003cp>The city made a mistake, not to deport someone that the federal government strongly felt should be deported. I have absolutely no support for a city that ignores the strong evidence that should be acted on. ... If it were a first-time traffic citation, if it were something minor, a misdemeanor, that's entirely different. This man had already been deported five times. And he should have been deported at the request of the federal government.\u003c/p>\u003c/blockquote>\n\u003cp> \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The fatal shooting of 32-year-old Kathryn Steinle on July 1 at San Francisco's Pier 14 has drawn national attention and unleashed extensive debate over immigration. Juan Francisco Lopez-Sanchez -- who has a long list of felonies and deportations -- has been charged with murder. He entered a not guilty plea Tuesday.\u003c/p>\n\u003cp>Here's what some politicians are saying about the case:\u003c/p>\n\u003cp>\u003cstrong>Ed Lee, mayor of San Francisco, \u003ca href=\"http://www.sfmayor.org/index.aspx?page=846&recordid=913&returnURL=%2findex.aspx\" target=\"_blank\">written statement\u003c/a>\u003c/strong>\u003c/p>\n\u003cblockquote>\u003cp>There has been much discussion about San Francisco’s Sanctuary City Policy in the aftermath of Kathryn’s death. Let me be clear: San Francisco’s Sanctuary City Policy protects residents regardless of immigration status and is not intended to protect repeat, serious and violent felons.\u003c/p>\n\u003cp>Our City’s policy helps immigrant and limited-English-speaking communities where sometimes people fear and mistrust the criminal justice system. We want people to report crimes, we want children of undocumented immigrants to attend school, and we want families to get access to much needed social services without fear of their City government reporting them to Federal authorities. As the son of immigrant parents, I want others to know, San Francisco is a City where we protect the well-being and success of all families, regardless of immigration status.in an interv\u003c/p>\n\u003cp>As I said in 2013, we must protect both civil liberties and uphold public safety. Which is why, at the time, I promised to veto any legislation that completely eliminated the Sheriff’s ability to make a case-by-case determination about honoring U.S. Immigration and Customs Enforcement detainers. Our sanctuary policies should not create a safe harbor for convicted, violent felons.\u003c/p>\n\u003cp>I am concerned about the circumstances that led to the release of Mr. Sanchez. All agencies involved, Federal and local, need to conduct quick, thorough and objective reviews of their own departmental policies and the decisions they made in this case.\u003c/p>\u003c/blockquote>\n\u003cp>\u003ca href=\"https://soundcloud.com/kqedforum/san-francisco-mayor-ed-lee\" target=\"_blank\">Listen to full interview with Lee on KQED Forum\u003c/a>:\u003cbr>\n\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/213859658&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/213859658'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Ross Mirkarimi, sheriff of San Francisco, speaking with KQED's Scott Shafer\u003c/strong>\u003c/p>\n\u003cblockquote>\u003cp>We are law enforcement. We adhere to the law. And as to the law that was passed by the Board of Supervisors in 2013 and signed by Mayor Lee, to the letter of the law, we have been unfailing.\u003c/p>\n\u003cp>Now the situation with Mr. Sanchez really spotlights ... in my opinion, the ineptitude of ICE. ... This suspect, the defendant, was brought to us on a 20-year-old warrant for a marijuana possession charge. The city doesn't even really prosecute on marijuana. And that could have been avoided, I think, if ICE would have been serious about deporting him for what would have been ... the sixth time. Somebody like Mr. Sanchez, who has been deported and illegally reentered a number of times, met the criteria for their first tier and [ICE] could have just acted, side-stepping San Francisco. ...\u003c/p>\n\u003cp>I agree that we should not be harboring criminals ... but the truth of the matter, the truth of the matter, is that a local law that has been enacted, signed by the mayor, affirmed by federal court decision is that a detainer is not a legal document. And ICE has been made well aware of this, and that what we require is a court order or a warrant. ... ICE exists on Sansome Street, downtown San Francisco. They knew he was here well over two weeks beyond his release date. They just didn't follow through.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Dianne Feinstein, California senator, \u003ca href=\"http://www.feinstein.senate.gov/public/index.cfm/press-releases?ID=12df46ad-0787-4083-934b-857b64ed6d23\" target=\"_blank\">written statement\u003c/a>\u003c/strong>\u003c/p>\n\u003cblockquote>\u003cp>I have been looking into the circumstances related to the tragic killing of Kathryn Steinle. The suspect has been convicted of 10 crimes, including four drug felonies, and Immigration and Customs Enforcement had filed what is known as a detainer asking the San Francisco Sheriff's Department to hold Mr. Sanchez for deportation. The Sheriff’s Department failed to respond to that detainer and did not notify ICE when the individual was released.\u003c/p>\n\u003cp>I strongly believe that an undocumented individual, convicted of multiple felonies and with a detainer request from ICE, should not have been released. We should focus on deporting convicted criminals, not setting them loose on our streets. As a member of the Judiciary Committee, I am looking at whether additional federal legislation may be necessary.\u003c/p>\n\u003cp>I have written a letter to Mayor Lee suggesting he participate in DHS’s Priority Enforcement Program, as the Los Angeles County Board of Supervisors agreed to do in a recently adopted resolution. This program will enable federal law enforcement to better cooperate with state and local counterparts to take custody of individuals who pose a danger to public safety before they are released.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Barbara Boxer, California senator, \u003ca href=\"https://www.boxer.senate.gov/press/release/boxer-statement-on-detention-policies-following-tragic-death-of-kathryn-steinle/\" target=\"_blank\">written statement\u003c/a>\u003c/strong>\u003c/p>\n\u003cblockquote>\u003cp>For decades, I have supported deporting violent criminals, and I have always believed that sanctuary should not be given to felons.\u003c/p>\n\u003cp>I have reached out to Governor Brown to ask whether state law was followed in this case, and if so, whether the law needs to be strengthened to ensure that a tragedy like this never happens again.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Hillary Clinton, Democratic presidential hopeful, \u003ca href=\"http://www.cnn.com/2015/07/07/politics/hillary-clinton-cnn-interview/index.html\" target=\"_blank\">in an interview with CNN\u003c/a>\u003c/strong>\u003c/p>\n\u003cblockquote>\u003cp>The city made a mistake, not to deport someone that the federal government strongly felt should be deported. I have absolutely no support for a city that ignores the strong evidence that should be acted on. ... If it were a first-time traffic citation, if it were something minor, a misdemeanor, that's entirely different. This man had already been deported five times. And he should have been deported at the request of the federal government.\u003c/p>\u003c/blockquote>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>An undocumented immigrant accused of fatally shooting a woman at a San Francisco pier pleaded not guilty today to murder with malice aforethought, with his defense attorney arguing that the shooting was likely accidental.\u003c/p>\n\u003cp>Matt Gonzalez, the chief attorney at the San Francisco Public Defender's Office, said at Juan Francisco Lopez-Sanchez's arraignment this afternoon that the death of Pleasanton native and San Francisco resident 32-year-old Kathryn Steinle was tragic but that \"very likely this was an accidental shooting.\"\u003c/p>\n\u003cp>However, Assistant District Attorney Diana Garcia told Judge Daniel Flores that the suspect allegedly shot an innocent victim in the back at close range.\u003c/p>\n\u003cp>Sanchez, who is 52 years old according to the DA's office and who has been deported from the United States on multiple occasions for various felonies, was speaking to the court through a Spanish interpreter.\u003c/p>\n\u003cp>Twice during his arraignment Sanchez told the judge in English, \"I'm not guilty,\" although the judge had already heard his plea and was asking him an unrelated question regarding scheduling.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>U.S. Immigration and Customs Enforcement officials took custody of Sanchez in March, when he was remanded to the agency after serving a multiyear federal prison sentence for felony re-entry following deportation, ICE spokeswoman Gillian Christensen said in a statement.\u003c/p>\n\u003cp>ICE turned Sanchez over to San Francisco police on March 26 on an outstanding drug warrant, Christensen said.\u003c/p>\n\u003cp>San Francisco Assistant District Attorney Alex Bastian said the outstanding $5,000 warrant was for selling $20 worth of marijuana at United Nations Plaza in 1995.\u003c/p>\n\u003cp>On March 27, a San Francisco Superior Court judge dismissed the drug charges against Sanchez.\u003c/p>\n\u003cp>ICE requested he be returned to its custody upon his release, but the San Francisco Sheriff's Department did not honor that request, according to Christensen.\u003c/p>\n\u003cp>San Francisco has a \"sanctuary city\" policy that prohibits law enforcement officials from detaining individuals on the basis of an immigration detainer when they would otherwise be eligible for release from custody.\u003c/p>\n\u003cp>Christensen said Sanchez had been deported five times, most recently in 2009. His criminal history includes seven prior felonies, including four involving narcotics, Christensen said.\u003c/p>\n\u003cp>Gonzalez, however, told the judge today that Sanchez had no convictions for violent offenses.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Bail for Sanchez was set at $5 million, and he was ordered to appear in court for a prehearing conference on July 27.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>U.S. Immigration and Customs Enforcement officials took custody of Sanchez in March, when he was remanded to the agency after serving a multiyear federal prison sentence for felony re-entry following deportation, ICE spokeswoman Gillian Christensen said in a statement.\u003c/p>\n\u003cp>ICE turned Sanchez over to San Francisco police on March 26 on an outstanding drug warrant, Christensen said.\u003c/p>\n\u003cp>San Francisco Assistant District Attorney Alex Bastian said the outstanding $5,000 warrant was for selling $20 worth of marijuana at United Nations Plaza in 1995.\u003c/p>\n\u003cp>On March 27, a San Francisco Superior Court judge dismissed the drug charges against Sanchez.\u003c/p>\n\u003cp>ICE requested he be returned to its custody upon his release, but the San Francisco Sheriff's Department did not honor that request, according to Christensen.\u003c/p>\n\u003cp>San Francisco has a \"sanctuary city\" policy that prohibits law enforcement officials from detaining individuals on the basis of an immigration detainer when they would otherwise be eligible for release from custody.\u003c/p>\n\u003cp>Christensen said Sanchez had been deported five times, most recently in 2009. His criminal history includes seven prior felonies, including four involving narcotics, Christensen said.\u003c/p>\n\u003cp>Gonzalez, however, told the judge today that Sanchez had no convictions for violent offenses.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Bail for Sanchez was set at $5 million, and he was ordered to appear in court for a prehearing conference on July 27.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Kate Steinle Shooting Puts San Francisco Immigration Policy Under Microscope",
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"content": "\u003cp>Just what you were looking for: The intersection of a horrific tragedy, the perpetual immigration debate, San Francisco Sheriff Ross Mirkarimi, and the presidential ambitions of Donald Trump.\u003c/p>\n\u003cp>And just this afternoon Mayor Ed Lee waded into the debate over San Francisco's immigration policies prompted by the shooting death of 32-year-old Kate Steinle on the city's Pier 14 last Wednesday, allegedly by a man with multiple felonies on his record who had been deported to Mexico five times.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/213572417\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>\"There has been much discussion about \u003ca href=\"http://sfgsa.org/index.aspx?page=1067\" target=\"_blank\">San Francisco’s Sanctuary City Policy\u003c/a> in the aftermath of Kathryn’s death,\" Lee said in a \u003ca href=\"http://www.sfmayor.org/index.aspx?recordid=913&page=846\" target=\"_blank\">statement\u003c/a>. \"Let me be clear: San Francisco’s Sanctuary City Policy protects residents regardless of immigration status and is not intended to protect repeat, serious and violent felons.\"\u003c/p>\n\u003cp>The city's sanctuary policy stems from a 1989 ordinance prohibiting city officials from assisting in federal immigration enforcement unless required by law.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"I am concerned about the circumstances that led to the release of Mr. Sanchez,\" Lee continued. \"All agencies involved, Federal and local, need to conduct quick, thorough and objective reviews of their own departmental policies and the decisions they made in this case.\"\u003c/p>\n\u003cp>\u003cstrong>Shot While Walking\u003c/strong>\u003c/p>\n\u003cp>The case is engendering national headlines. CNN, for instance, led with the \u003ca href=\"http://www.cnn.com/2015/07/06/us/san-francisco-killing-sanctuary-cities/index.html\" target=\"_blank\">story\u003c/a> on its website Monday, promoting it with the question: \"Did sanctuary law lead to slaying?\"\u003c/p>\n\u003cp>The debate takes place in the aftermath of the July 1 shooting, when 32-year-old Kate Steinle was fatally struck by a bullet while walking with her father on San Francisco’s Pier 14, near the Ferry Building.\u003c/p>\n\u003cp>\"There was a pop, and Kate went down,” her father said, according to news reports.\u003c/p>\n\u003cp>Steinle died later that day at San Francisco General Hospital.\u003c/p>\n\u003cp>Shortly after the shooting, which police said appeared to be random, a man named Juan Francisco Lopez-Sanchez was detained and then jailed on suspicion of murder. In a somewhat disjointed jailhouse interview with ABC7 over the weekend, Lopez-Sanchez, who didn't appear to always understand the reporter's questions in the \u003ca href=\"http://abc7news.com/news/exclusive-raw-video-sf-pier-14-shooting-suspect-speaks-/830215/\" target=\"_blank\">interview's raw version\u003c/a>, confessed to the shooting, saying it was an accident and that he found the gun wrapped in a T-shirt. The San Francisco Chronicle had earlier reported that he told police he was shooting at sea lions.\u003c/p>\n\u003cp>The San Francisco District Attorney's office charged Lopez-Sanchez with murder on Monday afternoon.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"476\" height=\"270\" src=\"http://abc7news.com/video/embed/?pid=830325\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>News of Lopez-Sanchez's immigration status and criminal history has opened up a can of worms around immigration and criminal justice. U.S. Immigration and Customs Enforcement says Lopez-Sanchez, from Mexico, has been deported five times, most recently in 2009. His criminal history includes seven prior felony convictions, four involving drug offenses.\u003c/p>\n\u003cp>That history did not prevent him from being released from county jail in San Francisco in April.\u003c/p>\n\u003cp>Enter Donald Trump, who in June launched his presidential campaign with a tirade against immigration from Mexico.\u003c/p>\n\u003cp>“They’re sending people that have lots of problems and they’re bringing their problems,” Trump said. “They’re bringing drugs, they’re bringing crime, they’re rapists, and some I assume are good people, but I speak to border guards and they tell us what we are getting.\"\u003c/p>\n\u003cp>The comments cost Trump a multitude of business partnerships, including those with Macy's, NBC Universal and Univision. Undeterred, he repeatedly \u003ca href=\"http://www.cnn.com/2015/07/01/politics/donald-trump-immigrants-raping-comments/\" target=\"_blank\">defended his remarks\u003c/a> and last week \u003ca href=\"http://www.cnn.com/2015/07/03/politics/trump-san-francisco-killing/\" target=\"_blank\">used the San Francisco shooting\u003c/a> to justify his views.\u003c/p>\n\u003cp>\"This senseless and totally preventable act of violence committed by an illegal immigrant is yet another example of why we must secure our border immediately,\" Trump said. \"This is an absolutely disgraceful situation and I am the only one that can fix it. Nobody else has the guts to even talk about it. That won't happen if I become President.\"\u003c/p>\n\u003cp>\u003cstrong>Lopez-Sanchez's Release From Jail\u003c/strong>\u003c/p>\n\u003cp>So how and why was Lopez-Sanchez released?\u003c/p>\n\u003cp>U.S. Immigration and Customs Enforcement spokeswoman Gillian Christensen said in an email that in March, Lopez-Sanchez finished serving a federal prison sentence at Victorville for felony re-entry to the U.S. after being deported. After that, the Bureau of Prisons transferred him to the San Francisco County Sheriff's Department \"based on an outstanding arrest warrant lodged by the San Francisco Police Department for a felony drug charge.\" When ICE received a notification that Lopez-Sanchez had been booked into San Francisco custody, Christensen said, it sent a request for an immigration detainer \"asking to be notified prior to his release.\"\u003c/p>\n\u003cp>\"Bottom line: If the local authorities had merely NOTIFIED ICE (ICE emphasis) that they were about to release this individual into the community, ICE could have taken custody of him and had him removed from the country - thus preventing this terrible tragedy. At the end of the (sic) ICE desperately wants local law enforcement agencies to work with us so we can work to stop needless violence like these in our communities.\"\u003c/p>\n\u003cp>The San Francisco Sheriff's Department, for its part, said its hands were tied.\u003c/p>\n\u003cp>\"Once Mr. Lopez-Sanchez’s local criminal charges were dismissed, \" the department said in a statement Friday, \"San Francisco Ordinance 130764, approved by the Board of Supervisors and signed by Mayor Ed Lee in October 2013, deemed him ineligible for extended detention. This also comports with the San Francisco Sheriff’s Department Policy on immigration detainers.\"\u003c/p>\n\u003cp>That cited San Francisco \u003ca href=\"http://big.assets.huffingtonpost.com/Leg_Ver1.pdf\" target=\"_blank\">ordinance\u003c/a> says: \"A law enforcement official shall not detain an individual on the basis of an immigration detainer after that individual becomes eligible for release from custody.\"\u003c/p>\n\u003cp>In addition to San Francisco's ordinance, in 2013 California passed the \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB4\" target=\"_blank\">Trust Act\u003c/a>, introduced by then-San Francisco Assemblyman Tom Ammiano. The act prohibits law enforcement from holding someone on the basis of a request by ICE after the person is eligible for release, unless he's been convicted of a serious or violent felony, a felony punishable by imprisonment in the state prison. or certain serious misdemeanors.\u003c/p>\n\u003cp>On Sunday, the Chronicle's Carla Marinucci wrote a\u003ca href=\"http://www.sfgate.com/politics/article/S-F-killing-sparks-national-outrage-likely-6366684.php\" target=\"_blank\"> piece on potential fallout\u003c/a> from the incident in the Bay Area and California.\u003c/p>\n\u003cblockquote>\u003cp>At the state and local levels, political figures who have been associated with efforts to advocate for immigrants in the law enforcement arena may also face heat.\u003c/p>\n\u003cp>Heading that list is Kamala Harris, California’s Democratic attorney general and a former San Francisco district attorney. She’s widely considered the front-runner to replace retiring Sen. Barbara Boxer — and her record on immigrants and law enforcement has long been fodder for conservative critics.\u003c/p>\n\u003cp>Sheriff Ross Mirkarimi, up for re-election in November, and former San Francisco Assemblyman Tom Ammiano, who may mount a run to replace termed-out state Sen. Mark Leno next year — may also have to answer questions about their roles in shaping the policies that led to Sanchez’s release.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Defending Policy\u003c/strong>\u003c/p>\n\u003cp>In a statement sent Friday, Angela Chan, of the civil rights group Asian Americans Advancing Justice - Asian Law Caucus, defended laws that ignore ICE hold requests:\u003c/p>\n\u003cp>\"Federal courts, including the Oregon federal district court in \u003ca href=\"http://immigrantjustice.org/sites/immigrantjustice.org/files/Miranda-Olivares%20%20v%20Clackamas%20County%20(D%20Or.%20detainer%20SJ%20decision).pdf\">Miranda-Olivares v. Clackamas County\u003c/a> ... have held that ICE holds are not only voluntary, but that the detention of individuals based on ICE hold requests violates the Fourth Amendment prohibition against unreasonable search and seizure. ICE holds violate the Constitution because they are not signed by a judge and are not based on a finding of probable cause. Rather, they are issued by only ICE agents, and have been issued on individuals who are not actually removable.\"\u003c/p>\n\u003cp>Chan says ICE's contention that the Sheriff's Department merely had to inform ICE that it was releasing Sanchez-Lopez is disingenuous.\u003c/p>\n\u003cp>\"If they wanted to detain Mr. Sanchez, they should have gotten a warrant signed by a judge ... ,\" she told KQED. \"They issued an ICE hold request and they know full well an ICE hold request violates the Constitution.\"\u003c/p>\n\u003cp>Last year, the California Attorney General's Office issued a \"\u003ca href=\"https://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-issues-bulletin-law-enforcement-federal\">Bulletin to Law Enforcement on Federal Immigration Detainers\u003c/a>\" that made the argument that local law enforcement officials acting as \"de facto immigration officers\" would erode \"the trust between our peace officers and the communities they serve.“\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"(B)ecause compliance with an ICE detainer is voluntary, a local agency could violate the Fourth Amendment by detaining an individual solely based on the request of ICE, without some other probable cause for arrest,” the bulletin said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Just what you were looking for: The intersection of a horrific tragedy, the perpetual immigration debate, San Francisco Sheriff Ross Mirkarimi, and the presidential ambitions of Donald Trump.\u003c/p>\n\u003cp>And just this afternoon Mayor Ed Lee waded into the debate over San Francisco's immigration policies prompted by the shooting death of 32-year-old Kate Steinle on the city's Pier 14 last Wednesday, allegedly by a man with multiple felonies on his record who had been deported to Mexico five times.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/213572417&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/213572417'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"There has been much discussion about \u003ca href=\"http://sfgsa.org/index.aspx?page=1067\" target=\"_blank\">San Francisco’s Sanctuary City Policy\u003c/a> in the aftermath of Kathryn’s death,\" Lee said in a \u003ca href=\"http://www.sfmayor.org/index.aspx?recordid=913&page=846\" target=\"_blank\">statement\u003c/a>. \"Let me be clear: San Francisco’s Sanctuary City Policy protects residents regardless of immigration status and is not intended to protect repeat, serious and violent felons.\"\u003c/p>\n\u003cp>The city's sanctuary policy stems from a 1989 ordinance prohibiting city officials from assisting in federal immigration enforcement unless required by law.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"I am concerned about the circumstances that led to the release of Mr. Sanchez,\" Lee continued. \"All agencies involved, Federal and local, need to conduct quick, thorough and objective reviews of their own departmental policies and the decisions they made in this case.\"\u003c/p>\n\u003cp>\u003cstrong>Shot While Walking\u003c/strong>\u003c/p>\n\u003cp>The case is engendering national headlines. CNN, for instance, led with the \u003ca href=\"http://www.cnn.com/2015/07/06/us/san-francisco-killing-sanctuary-cities/index.html\" target=\"_blank\">story\u003c/a> on its website Monday, promoting it with the question: \"Did sanctuary law lead to slaying?\"\u003c/p>\n\u003cp>The debate takes place in the aftermath of the July 1 shooting, when 32-year-old Kate Steinle was fatally struck by a bullet while walking with her father on San Francisco’s Pier 14, near the Ferry Building.\u003c/p>\n\u003cp>\"There was a pop, and Kate went down,” her father said, according to news reports.\u003c/p>\n\u003cp>Steinle died later that day at San Francisco General Hospital.\u003c/p>\n\u003cp>Shortly after the shooting, which police said appeared to be random, a man named Juan Francisco Lopez-Sanchez was detained and then jailed on suspicion of murder. In a somewhat disjointed jailhouse interview with ABC7 over the weekend, Lopez-Sanchez, who didn't appear to always understand the reporter's questions in the \u003ca href=\"http://abc7news.com/news/exclusive-raw-video-sf-pier-14-shooting-suspect-speaks-/830215/\" target=\"_blank\">interview's raw version\u003c/a>, confessed to the shooting, saying it was an accident and that he found the gun wrapped in a T-shirt. The San Francisco Chronicle had earlier reported that he told police he was shooting at sea lions.\u003c/p>\n\u003cp>The San Francisco District Attorney's office charged Lopez-Sanchez with murder on Monday afternoon.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"476\" height=\"270\" src=\"http://abc7news.com/video/embed/?pid=830325\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>News of Lopez-Sanchez's immigration status and criminal history has opened up a can of worms around immigration and criminal justice. U.S. Immigration and Customs Enforcement says Lopez-Sanchez, from Mexico, has been deported five times, most recently in 2009. His criminal history includes seven prior felony convictions, four involving drug offenses.\u003c/p>\n\u003cp>That history did not prevent him from being released from county jail in San Francisco in April.\u003c/p>\n\u003cp>Enter Donald Trump, who in June launched his presidential campaign with a tirade against immigration from Mexico.\u003c/p>\n\u003cp>“They’re sending people that have lots of problems and they’re bringing their problems,” Trump said. “They’re bringing drugs, they’re bringing crime, they’re rapists, and some I assume are good people, but I speak to border guards and they tell us what we are getting.\"\u003c/p>\n\u003cp>The comments cost Trump a multitude of business partnerships, including those with Macy's, NBC Universal and Univision. Undeterred, he repeatedly \u003ca href=\"http://www.cnn.com/2015/07/01/politics/donald-trump-immigrants-raping-comments/\" target=\"_blank\">defended his remarks\u003c/a> and last week \u003ca href=\"http://www.cnn.com/2015/07/03/politics/trump-san-francisco-killing/\" target=\"_blank\">used the San Francisco shooting\u003c/a> to justify his views.\u003c/p>\n\u003cp>\"This senseless and totally preventable act of violence committed by an illegal immigrant is yet another example of why we must secure our border immediately,\" Trump said. \"This is an absolutely disgraceful situation and I am the only one that can fix it. Nobody else has the guts to even talk about it. That won't happen if I become President.\"\u003c/p>\n\u003cp>\u003cstrong>Lopez-Sanchez's Release From Jail\u003c/strong>\u003c/p>\n\u003cp>So how and why was Lopez-Sanchez released?\u003c/p>\n\u003cp>U.S. Immigration and Customs Enforcement spokeswoman Gillian Christensen said in an email that in March, Lopez-Sanchez finished serving a federal prison sentence at Victorville for felony re-entry to the U.S. after being deported. After that, the Bureau of Prisons transferred him to the San Francisco County Sheriff's Department \"based on an outstanding arrest warrant lodged by the San Francisco Police Department for a felony drug charge.\" When ICE received a notification that Lopez-Sanchez had been booked into San Francisco custody, Christensen said, it sent a request for an immigration detainer \"asking to be notified prior to his release.\"\u003c/p>\n\u003cp>\"Bottom line: If the local authorities had merely NOTIFIED ICE (ICE emphasis) that they were about to release this individual into the community, ICE could have taken custody of him and had him removed from the country - thus preventing this terrible tragedy. At the end of the (sic) ICE desperately wants local law enforcement agencies to work with us so we can work to stop needless violence like these in our communities.\"\u003c/p>\n\u003cp>The San Francisco Sheriff's Department, for its part, said its hands were tied.\u003c/p>\n\u003cp>\"Once Mr. Lopez-Sanchez’s local criminal charges were dismissed, \" the department said in a statement Friday, \"San Francisco Ordinance 130764, approved by the Board of Supervisors and signed by Mayor Ed Lee in October 2013, deemed him ineligible for extended detention. This also comports with the San Francisco Sheriff’s Department Policy on immigration detainers.\"\u003c/p>\n\u003cp>That cited San Francisco \u003ca href=\"http://big.assets.huffingtonpost.com/Leg_Ver1.pdf\" target=\"_blank\">ordinance\u003c/a> says: \"A law enforcement official shall not detain an individual on the basis of an immigration detainer after that individual becomes eligible for release from custody.\"\u003c/p>\n\u003cp>In addition to San Francisco's ordinance, in 2013 California passed the \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB4\" target=\"_blank\">Trust Act\u003c/a>, introduced by then-San Francisco Assemblyman Tom Ammiano. The act prohibits law enforcement from holding someone on the basis of a request by ICE after the person is eligible for release, unless he's been convicted of a serious or violent felony, a felony punishable by imprisonment in the state prison. or certain serious misdemeanors.\u003c/p>\n\u003cp>On Sunday, the Chronicle's Carla Marinucci wrote a\u003ca href=\"http://www.sfgate.com/politics/article/S-F-killing-sparks-national-outrage-likely-6366684.php\" target=\"_blank\"> piece on potential fallout\u003c/a> from the incident in the Bay Area and California.\u003c/p>\n\u003cblockquote>\u003cp>At the state and local levels, political figures who have been associated with efforts to advocate for immigrants in the law enforcement arena may also face heat.\u003c/p>\n\u003cp>Heading that list is Kamala Harris, California’s Democratic attorney general and a former San Francisco district attorney. She’s widely considered the front-runner to replace retiring Sen. Barbara Boxer — and her record on immigrants and law enforcement has long been fodder for conservative critics.\u003c/p>\n\u003cp>Sheriff Ross Mirkarimi, up for re-election in November, and former San Francisco Assemblyman Tom Ammiano, who may mount a run to replace termed-out state Sen. Mark Leno next year — may also have to answer questions about their roles in shaping the policies that led to Sanchez’s release.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Defending Policy\u003c/strong>\u003c/p>\n\u003cp>In a statement sent Friday, Angela Chan, of the civil rights group Asian Americans Advancing Justice - Asian Law Caucus, defended laws that ignore ICE hold requests:\u003c/p>\n\u003cp>\"Federal courts, including the Oregon federal district court in \u003ca href=\"http://immigrantjustice.org/sites/immigrantjustice.org/files/Miranda-Olivares%20%20v%20Clackamas%20County%20(D%20Or.%20detainer%20SJ%20decision).pdf\">Miranda-Olivares v. Clackamas County\u003c/a> ... have held that ICE holds are not only voluntary, but that the detention of individuals based on ICE hold requests violates the Fourth Amendment prohibition against unreasonable search and seizure. ICE holds violate the Constitution because they are not signed by a judge and are not based on a finding of probable cause. Rather, they are issued by only ICE agents, and have been issued on individuals who are not actually removable.\"\u003c/p>\n\u003cp>Chan says ICE's contention that the Sheriff's Department merely had to inform ICE that it was releasing Sanchez-Lopez is disingenuous.\u003c/p>\n\u003cp>\"If they wanted to detain Mr. Sanchez, they should have gotten a warrant signed by a judge ... ,\" she told KQED. \"They issued an ICE hold request and they know full well an ICE hold request violates the Constitution.\"\u003c/p>\n\u003cp>Last year, the California Attorney General's Office issued a \"\u003ca href=\"https://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-issues-bulletin-law-enforcement-federal\">Bulletin to Law Enforcement on Federal Immigration Detainers\u003c/a>\" that made the argument that local law enforcement officials acting as \"de facto immigration officers\" would erode \"the trust between our peace officers and the communities they serve.“\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>The U.S. Department of Justice won’t file criminal charges against Sonoma County Sheriff’s Deputy \u003ca href=\"http://ww2.kqed.org/news/2013/10/28/deputy_santa_rosa_+andy_lopez\" target=\"_blank\">Erick Gelhaus\u003c/a>, who fatally shot 13-year-old Andy Lopez in 2013, the \u003ca href=\"https://local.nixle.com/alert/5445405/\" target=\"_blank\">sheriff's department said\u003c/a> on Wednesday.\u003c/p>\n\u003cp>\"The FBI investigation, which was reviewed by the United States Department of Justice, concluded that there were no federal civil rights violations,\" the Sonoma sheriff's department wrote in a statement. \"The Sheriff reaffirms his support and confidence in Deputy Gelhaus and the work done by the men and women of the Sheriff’s Office to provide public safety services to the citizens of Sonoma County.\"\u003c/p>\n\u003cp>[contextly_sidebar id=\"IIbMyhpy8slfF7vjYzIxrEnDn3ImPteR\"]The Justice Department said its investigation turned up \"insufficient evidence\" to charge Gelhaus with federal civil rights violations, according to the \u003ca href=\"http://www.pressdemocrat.com/news/4145392-181/fbi-finds-no-civil-rights\" target=\"_blank\">Santa Rosa Press Democrat\u003c/a>. Gelhaus fired eight rounds at Lopez, who was holding a replica AK-47 rifle. Lopez was hit by seven of the bullets.\u003c/p>\n\u003cp>Supporters of Lopez’s family say they’re disappointed but not surprised.\u003c/p>\n\u003cp>\"We’re not going to get real justice in this case,\" said Santa Rosa Attorney Izaak Schwaiger. \"We won’t. We won’t. There’s a child who is dead. And regardless of your political affiliations or where you stand, that’s a tragedy at best and it’s murder at worst.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The shooting occurred in Santa Rosa on Oct 22, 2013. Gelhaus and a deputy-in-training pulled up behind Lopez in their patrol car, and according to a Sonoma County District Attorney's report, called for backup, took cover behind open car doors, and twice warned Lopez to put his gun down -- all within 10 seconds. Gelhaus told investigators he opened fire because Lopez turned toward him, raising the replica gun's barrel in his direction. Seven of the eight bullets Gelhaus fired hit the teenager. The second deputy did not discharge his weapon.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/10/29/andy-lopez/\" target=\"_blank\">Protests \u003c/a>ensued both after the shooting and when the DA cleared Gelhaus of wrongdoing in July 2014. The \u003ca href=\"http://da.sonoma-county.org/documents/OIS_Report_Lopez.pdf\" target=\"_blank\">52-page report \u003c/a>issued by District Attorney Jill Ravitch concluded: \"Deputy Gelhaus was faced with a highly unpredictable and rapidly evolving situation. Given his training and experience, he believed, honestly and reasonably, that he was faced with a' do or die' dilemma; wait for the subject to fire what he believed was a deadly weapon ... or fire his weapon when the threat was turned toward him.\"\u003c/p>\n\u003cp>Gelhaus \u003ca href=\"http://www.pressdemocrat.com/home/2530400-181/deputy-in-andy-lopez-shooting\">returned to patrolling the streets\u003c/a> in August, to the \u003ca href=\"http://www.petaluma360.com/home/2873760-181/lopez-task-force-take-gelhaus\" target=\"_blank\">consternation\u003c/a> of some in the community.\u003c/p>\n\u003cp>In 2013, Lopez's parents \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-santa-rosa-suit-20131104-story.html\" target=\"_blank\">filed a civil rights lawsuit\u003c/a> against Sonoma County, scheduled to go to trial in April 2016, according to the \u003ca href=\"http://www.pressdemocrat.com/news/4149545-181/justice-department-review-of-andy\" target=\"_blank\">Press Democrat.\u003c/a>\u003c/p>\n\u003cp>The incident prompted California to pass a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB199\" target=\"_blank\">law\u003c/a> requiring that BB, pellet and airsoft guns sold in the state be painted bright colors or be made transparent to distinguish them from real weapons. An orange tip meant to identify toy guns had broken off Lopez's replica weapon, his friends told investigators.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Peter Jon Shuler, Dan Brekke and Associated Press contributed to this report.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The U.S. Department of Justice won’t file criminal charges against Sonoma County Sheriff’s Deputy \u003ca href=\"http://ww2.kqed.org/news/2013/10/28/deputy_santa_rosa_+andy_lopez\" target=\"_blank\">Erick Gelhaus\u003c/a>, who fatally shot 13-year-old Andy Lopez in 2013, the \u003ca href=\"https://local.nixle.com/alert/5445405/\" target=\"_blank\">sheriff's department said\u003c/a> on Wednesday.\u003c/p>\n\u003cp>\"The FBI investigation, which was reviewed by the United States Department of Justice, concluded that there were no federal civil rights violations,\" the Sonoma sheriff's department wrote in a statement. \"The Sheriff reaffirms his support and confidence in Deputy Gelhaus and the work done by the men and women of the Sheriff’s Office to provide public safety services to the citizens of Sonoma County.\"\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>The Justice Department said its investigation turned up \"insufficient evidence\" to charge Gelhaus with federal civil rights violations, according to the \u003ca href=\"http://www.pressdemocrat.com/news/4145392-181/fbi-finds-no-civil-rights\" target=\"_blank\">Santa Rosa Press Democrat\u003c/a>. Gelhaus fired eight rounds at Lopez, who was holding a replica AK-47 rifle. Lopez was hit by seven of the bullets.\u003c/p>\n\u003cp>Supporters of Lopez’s family say they’re disappointed but not surprised.\u003c/p>\n\u003cp>\"We’re not going to get real justice in this case,\" said Santa Rosa Attorney Izaak Schwaiger. \"We won’t. We won’t. There’s a child who is dead. And regardless of your political affiliations or where you stand, that’s a tragedy at best and it’s murder at worst.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The shooting occurred in Santa Rosa on Oct 22, 2013. Gelhaus and a deputy-in-training pulled up behind Lopez in their patrol car, and according to a Sonoma County District Attorney's report, called for backup, took cover behind open car doors, and twice warned Lopez to put his gun down -- all within 10 seconds. Gelhaus told investigators he opened fire because Lopez turned toward him, raising the replica gun's barrel in his direction. Seven of the eight bullets Gelhaus fired hit the teenager. The second deputy did not discharge his weapon.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/10/29/andy-lopez/\" target=\"_blank\">Protests \u003c/a>ensued both after the shooting and when the DA cleared Gelhaus of wrongdoing in July 2014. The \u003ca href=\"http://da.sonoma-county.org/documents/OIS_Report_Lopez.pdf\" target=\"_blank\">52-page report \u003c/a>issued by District Attorney Jill Ravitch concluded: \"Deputy Gelhaus was faced with a highly unpredictable and rapidly evolving situation. Given his training and experience, he believed, honestly and reasonably, that he was faced with a' do or die' dilemma; wait for the subject to fire what he believed was a deadly weapon ... or fire his weapon when the threat was turned toward him.\"\u003c/p>\n\u003cp>Gelhaus \u003ca href=\"http://www.pressdemocrat.com/home/2530400-181/deputy-in-andy-lopez-shooting\">returned to patrolling the streets\u003c/a> in August, to the \u003ca href=\"http://www.petaluma360.com/home/2873760-181/lopez-task-force-take-gelhaus\" target=\"_blank\">consternation\u003c/a> of some in the community.\u003c/p>\n\u003cp>In 2013, Lopez's parents \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-santa-rosa-suit-20131104-story.html\" target=\"_blank\">filed a civil rights lawsuit\u003c/a> against Sonoma County, scheduled to go to trial in April 2016, according to the \u003ca href=\"http://www.pressdemocrat.com/news/4149545-181/justice-department-review-of-andy\" target=\"_blank\">Press Democrat.\u003c/a>\u003c/p>\n\u003cp>The incident prompted California to pass a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB199\" target=\"_blank\">law\u003c/a> requiring that BB, pellet and airsoft guns sold in the state be painted bright colors or be made transparent to distinguish them from real weapons. An orange tip meant to identify toy guns had broken off Lopez's replica weapon, his friends told investigators.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Peter Jon Shuler, Dan Brekke and Associated Press contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Inspired by the national Black Lives Matter movement, public defenders throughout the Bay Area have formed a new organization with the goal of bringing issues of racial inequality to the forefront in their own workplace -- the courts.\u003c/p>\n\u003cp>San Francisco Public Defender Jeff Adachi spearheaded the grass-roots organization, known as Public Defenders for Racial Justice. More than 100 public defenders, representing Alameda, Contra Costa, Marin and other Bay Area counties, turned out for the group’s first official gathering June 27 at UC Berkeley.\u003c/p>\n\u003cp>The daylong event featured a series of presentations and workshops on implementing strategies for criminal justice reform. Alicia Garza, a co-founder of the Black Lives Matter movement and special projects director at the National Domestic Workers Alliance, was among the speakers.\u003c/p>\n\u003cp>“There’s this whole national debate going on across the country: Is America suffering from racism?” Adachi said in an interview with KQED. “Part of what we need to do as public defenders is to get people talking about it.”\u003c/p>\n\u003cp>A key theme of the conference was how to address implicit bias -– the unconscious tendency to treat people differently based on race. Researchers and civil rights advocates are increasingly highlighting this concept as a problem that can lead to unfair outcomes in the courts.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“I have it, everyone has it,” Adachi said. “Part of becoming better human beings is recognizing that bias.”\u003c/p>\n\u003cp>Adachi said his own office had instituted implicit bias trainings to help attorneys recognize their own preconceived notions when representing clients. He said he’d like to see the San Francisco Police Department implement similar trainings for its officers.\u003c/p>\n\u003cp>“There’s a test, called \u003ca href=\"https://implicit.harvard.edu/implicit/iatdetails.html\">the Implicit Association Test\u003c/a>, where they can actually measure human bias,” Adachi explained. “They have you look at images that flash on the screen very quickly, and you use your computer keyboard to make certain choices: Good, bad, positive or negative. And what it shows is that most people are going to make judgment calls against African-Americans and in favor of white Americans.”\u003c/p>\n\u003cp>Joining Adachi at the Public Defenders for Racial Justice conference was Alameda County Public Defender Brendon Woods, who said he was motivated by personal experience to practice law.\u003c/p>\n\u003cp>“I have family members that have been incarcerated and gone through the system, uncles in prison, cousins have been in the system,” Woods explained. “I just knew that if I was going to get through high school, college, law school, I was going to be a public defender. I wanted to be able to advocate for people who’ve not had anyone there to advocate for them before.”\u003c/p>\n\u003cp>Woods said a nationwide movement drawing attention to racial inequality in the wake of high-profile shootings of unarmed African-American men has set the stage for public defenders to bring these issues to the attention of attorneys and judges.\u003c/p>\n\u003cp>The numbers in his own backyard illustrate the problem, Woods added.\u003c/p>\n\u003cp>“For example, Alameda County is 12 percent African-American. We have Santa Rita jail -- it’s the third-largest jail in California, the fifth largest jail in the nation. It holds about 4,000 people -- and it’s 54 percent African-American,” he said. “If you just look at the sheer numbers, you see the inequality. Just the sheer numbers of black and brown faces that are incarcerated and prosecuted. It’s astonishing.”\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/213027712\"]\u003c/p>\n\u003cp>The public defenders have been particularly focused on judges' decisions on pretrial detention.\u003c/p>\n\u003cp>“People’s initial custody status … impacts every single decision they make from that point forward,” Jane Brown, assistant public defender of Alameda County, said in an interview on the day of the conference.\u003c/p>\n\u003cp>“So even if they are not guilty of a crime, the fact that they’re locked up behind bars and have to await trial -- for possibly two months even -- may make them take a resolution or a deal that they wouldn’t have otherwise,” she explained. “One of the things we can do to remedy that is to educate and advocate on behalf of our clients … to get both the court and the district attorney to understand that this is a racial injustice, just the fact that this person is being kept behind bars awaiting trial.”\u003c/p>\n\u003cp>She added that the same issue could also be raised with regard to charging decisions, jury selection and sentencing. “Every single person that walks in the courtroom, from attorneys to deputies to judges to district attorneys, is operating with implicit bias,” she said.\u003c/p>\n\u003cp>Yet Public Defenders for Racial Justice may face an uphill slog when it comes to persuading other areas of the criminal justice system to take implicit bias seriously -- particularly when it comes to policing.\u003c/p>\n\u003cp>A \u003ca href=\"http://ww2.kqed.org/news/2015/06/22/report-african-american-adults-seven-times-as-likely-as-whites-to-be-arrested-in-san-francisco\">report released recently by the W. Haywood Burns institute\u003c/a>, commissioned by the San Francisco Reentry Council, revealed wide racial disparities in San Francisco’s criminal justice system. Among other things, the report showed African-Americans were seven times as likely as their white counterparts to face arrest.\u003c/p>\n\u003cp>Yet when asked to respond to that report in an interview with KQED, San Francisco Police Chief Greg Suhr said he believes it “only tells part of the story.”\u003c/p>\n\u003cp>Suhr defended his officers’ work, saying, “We’re in the neighborhoods where people are asking us to be, looking for the people that the people are asking us to look for. … So this isn’t like the officers leave the station and just talk to anybody. He added, “Because crime is local to many neighborhoods, a lot of the people describing the criminals are of the same race, gender, sexual orientation as the suspects they are describing.”\u003c/p>\n\u003cp>Reached by phone, spokesman Albie Esparza noted that the SFPD addresses biased policing in its departmental regulations, and integrates cultural competency instruction into police academy training. But he did not know of any plans to conduct implicit bias training.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Bryan Goebel contributed to this report.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Inspired by the national Black Lives Matter movement, public defenders throughout the Bay Area have formed a new organization with the goal of bringing issues of racial inequality to the forefront in their own workplace -- the courts.\u003c/p>\n\u003cp>San Francisco Public Defender Jeff Adachi spearheaded the grass-roots organization, known as Public Defenders for Racial Justice. More than 100 public defenders, representing Alameda, Contra Costa, Marin and other Bay Area counties, turned out for the group’s first official gathering June 27 at UC Berkeley.\u003c/p>\n\u003cp>The daylong event featured a series of presentations and workshops on implementing strategies for criminal justice reform. Alicia Garza, a co-founder of the Black Lives Matter movement and special projects director at the National Domestic Workers Alliance, was among the speakers.\u003c/p>\n\u003cp>“There’s this whole national debate going on across the country: Is America suffering from racism?” Adachi said in an interview with KQED. “Part of what we need to do as public defenders is to get people talking about it.”\u003c/p>\n\u003cp>A key theme of the conference was how to address implicit bias -– the unconscious tendency to treat people differently based on race. Researchers and civil rights advocates are increasingly highlighting this concept as a problem that can lead to unfair outcomes in the courts.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I have it, everyone has it,” Adachi said. “Part of becoming better human beings is recognizing that bias.”\u003c/p>\n\u003cp>Adachi said his own office had instituted implicit bias trainings to help attorneys recognize their own preconceived notions when representing clients. He said he’d like to see the San Francisco Police Department implement similar trainings for its officers.\u003c/p>\n\u003cp>“There’s a test, called \u003ca href=\"https://implicit.harvard.edu/implicit/iatdetails.html\">the Implicit Association Test\u003c/a>, where they can actually measure human bias,” Adachi explained. “They have you look at images that flash on the screen very quickly, and you use your computer keyboard to make certain choices: Good, bad, positive or negative. And what it shows is that most people are going to make judgment calls against African-Americans and in favor of white Americans.”\u003c/p>\n\u003cp>Joining Adachi at the Public Defenders for Racial Justice conference was Alameda County Public Defender Brendon Woods, who said he was motivated by personal experience to practice law.\u003c/p>\n\u003cp>“I have family members that have been incarcerated and gone through the system, uncles in prison, cousins have been in the system,” Woods explained. “I just knew that if I was going to get through high school, college, law school, I was going to be a public defender. I wanted to be able to advocate for people who’ve not had anyone there to advocate for them before.”\u003c/p>\n\u003cp>Woods said a nationwide movement drawing attention to racial inequality in the wake of high-profile shootings of unarmed African-American men has set the stage for public defenders to bring these issues to the attention of attorneys and judges.\u003c/p>\n\u003cp>The numbers in his own backyard illustrate the problem, Woods added.\u003c/p>\n\u003cp>“For example, Alameda County is 12 percent African-American. We have Santa Rita jail -- it’s the third-largest jail in California, the fifth largest jail in the nation. It holds about 4,000 people -- and it’s 54 percent African-American,” he said. “If you just look at the sheer numbers, you see the inequality. Just the sheer numbers of black and brown faces that are incarcerated and prosecuted. It’s astonishing.”\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='undefined' height='undefined'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/213027712&visual=true&undefined'\n title='https://api.soundcloud.com/tracks/213027712'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The public defenders have been particularly focused on judges' decisions on pretrial detention.\u003c/p>\n\u003cp>“People’s initial custody status … impacts every single decision they make from that point forward,” Jane Brown, assistant public defender of Alameda County, said in an interview on the day of the conference.\u003c/p>\n\u003cp>“So even if they are not guilty of a crime, the fact that they’re locked up behind bars and have to await trial -- for possibly two months even -- may make them take a resolution or a deal that they wouldn’t have otherwise,” she explained. “One of the things we can do to remedy that is to educate and advocate on behalf of our clients … to get both the court and the district attorney to understand that this is a racial injustice, just the fact that this person is being kept behind bars awaiting trial.”\u003c/p>\n\u003cp>She added that the same issue could also be raised with regard to charging decisions, jury selection and sentencing. “Every single person that walks in the courtroom, from attorneys to deputies to judges to district attorneys, is operating with implicit bias,” she said.\u003c/p>\n\u003cp>Yet Public Defenders for Racial Justice may face an uphill slog when it comes to persuading other areas of the criminal justice system to take implicit bias seriously -- particularly when it comes to policing.\u003c/p>\n\u003cp>A \u003ca href=\"http://ww2.kqed.org/news/2015/06/22/report-african-american-adults-seven-times-as-likely-as-whites-to-be-arrested-in-san-francisco\">report released recently by the W. Haywood Burns institute\u003c/a>, commissioned by the San Francisco Reentry Council, revealed wide racial disparities in San Francisco’s criminal justice system. Among other things, the report showed African-Americans were seven times as likely as their white counterparts to face arrest.\u003c/p>\n\u003cp>Yet when asked to respond to that report in an interview with KQED, San Francisco Police Chief Greg Suhr said he believes it “only tells part of the story.”\u003c/p>\n\u003cp>Suhr defended his officers’ work, saying, “We’re in the neighborhoods where people are asking us to be, looking for the people that the people are asking us to look for. … So this isn’t like the officers leave the station and just talk to anybody. He added, “Because crime is local to many neighborhoods, a lot of the people describing the criminals are of the same race, gender, sexual orientation as the suspects they are describing.”\u003c/p>\n\u003cp>Reached by phone, spokesman Albie Esparza noted that the SFPD addresses biased policing in its departmental regulations, and integrates cultural competency instruction into police academy training. But he did not know of any plans to conduct implicit bias training.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Bryan Goebel contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>On Tuesday someone sliced at least three fiber optic cables in an underground vault in Alameda County. The cuts disrupted Internet and phone service around Sacramento and parts of the Bay Area for 20 hours before service was restored.\u003c/p>\n\u003cp>FBI spokesman Greg Wuthrich said it appears to be the latest in about a dozen acts of vandalism at Bay Area locations in the last year.\u003c/p>\n\u003cp>\"The severed cables are actually happening in multiple cities, in multiple jurisdictions,\" Wuthrich said.\u003c/p>\n\u003cp>Fiber cables in Fremont, Walnut Creek and San Jose have been intentionally severed in 11 instances since July 2014. The FBI became involved last month because cable cuts in one location can affect businesses and customers in other jurisdictions.\u003c/p>\n\u003cp>FBI officials are disputing a statement issued by \u003ca href=\"http://www.wavebroadband.com/\" target=\"_blank\">Wave Broadband\u003c/a> that described the vandalism as a \"coordinated attack\" on its \u003ca href=\"http://www.wavebroadband.com/about-wave/contact-us/\" target=\"_blank\">website\u003c/a> early this morning.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The cables that were vandalized are owned by Level 3 Communications and Zayo Group. Wave Broadband is their customer, and provides Internet, telephone and television links through the cables.\u003c/p>\n\u003cp>Level 3 Communications and Zayo Group could not offer estimates of how many people were affected. Wave Broadband spokesman Mark Peterson said customers in parts of suburban Sacramento lost some service.\u003c/p>\n\u003cp>\"It was not a comprehensive outage,\" Peterson said. \"It was an outage where phone service was affected, Internet service was slowed and there was some interruption of complete cable service.\"\u003c/p>\n\u003cp>Wuthrich declined to say how many companies and customers were affected by the cuts this week.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>In April 2009, tens of thousands of people in Santa Clara, Santa Cruz and San Benito counties lost landline, cellphone and Internet service after vandals cut fiber optic cables at four sites.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>On Tuesday someone sliced at least three fiber optic cables in an underground vault in Alameda County. The cuts disrupted Internet and phone service around Sacramento and parts of the Bay Area for 20 hours before service was restored.\u003c/p>\n\u003cp>FBI spokesman Greg Wuthrich said it appears to be the latest in about a dozen acts of vandalism at Bay Area locations in the last year.\u003c/p>\n\u003cp>\"The severed cables are actually happening in multiple cities, in multiple jurisdictions,\" Wuthrich said.\u003c/p>\n\u003cp>Fiber cables in Fremont, Walnut Creek and San Jose have been intentionally severed in 11 instances since July 2014. The FBI became involved last month because cable cuts in one location can affect businesses and customers in other jurisdictions.\u003c/p>\n\u003cp>FBI officials are disputing a statement issued by \u003ca href=\"http://www.wavebroadband.com/\" target=\"_blank\">Wave Broadband\u003c/a> that described the vandalism as a \"coordinated attack\" on its \u003ca href=\"http://www.wavebroadband.com/about-wave/contact-us/\" target=\"_blank\">website\u003c/a> early this morning.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The cables that were vandalized are owned by Level 3 Communications and Zayo Group. Wave Broadband is their customer, and provides Internet, telephone and television links through the cables.\u003c/p>\n\u003cp>Level 3 Communications and Zayo Group could not offer estimates of how many people were affected. Wave Broadband spokesman Mark Peterson said customers in parts of suburban Sacramento lost some service.\u003c/p>\n\u003cp>\"It was not a comprehensive outage,\" Peterson said. \"It was an outage where phone service was affected, Internet service was slowed and there was some interruption of complete cable service.\"\u003c/p>\n\u003cp>Wuthrich declined to say how many companies and customers were affected by the cuts this week.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>In April 2009, tens of thousands of people in Santa Clara, Santa Cruz and San Benito counties lost landline, cellphone and Internet service after vandals cut fiber optic cables at four sites.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Former State Sen. Leland Yee Pleads Guilty to Racketeering",
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"content": "\u003cp>\u003cstrong>Update, 12:25 p.m.:\u003c/strong> Former state Sen. Leland Yee, facing the possibility of spending the rest of his life in prison on corruption charges, pleaded guilty today to a single felony count of racketeering.\u003c/p>\n\u003cp>Yee acknowledged his guilt in a hearing before U.S. District Court Judge Charles Breyer, who accepted the plea and set sentencing for Oct. 21. He declined to comment as he left court.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/212884920\" params=\"auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false&visual=true\" width=\"100%\" height=\"450\" iframe=\"true\" /]\u003c/p>\n\u003cp>The veteran San Francisco Democrat, who was running for California secretary of state when he was arrested on a long list of corruption charges in early 2014, faces a maximum term of 20 years in prison and a $250,000 fine. Read his \u003ca href=\"#plea\">plea agreement below\u003c/a>.\u003c/p>\n\u003cp>He had previously pleaded not guilty to felony corruption, racketeering and arms trafficking charges contained in a 13-count federal indictment.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The counts alleged that he had agreed to trade favors, such as supporting legislation or lobbying for state contracts, in exchange for campaign contributions; that he had agreed to secure a Senate proclamation for accused Chinatown gangster Raymond \"Shrimp Boy\" Chow -- again, in exchange for a donation; and that he had offered to help an undercover FBI agent secure firearms.\u003c/p>\n\u003cp>The count to which Yee pleaded guilty -- conspiracy to conduct the affairs of an enterprise through a pattern of racketeering activity -- accused the state senator of using his mayoral and secretary of state campaign committees for \"criminal fundraising and campaign activities.\" Those activities included wire fraud, honest services fraud, bribery, extortion, trafficking in firearms and money laundering.\u003c/p>\n\u003cp>According to the indictment and affidavits filed in the case, Yee and a political consultant he worked with, Keith Jackson, became ensnared in a federal investigation targeting Chow in 2011. The indictment recounts a long series of encounters between Yee and Jackson -- who believed they were dealing with business people seeking favors. In fact, their would-be business partners were undercover FBI agents.\u003c/p>\n\u003cp>Jackson also entered a guilty plea to the racketeering charges and, like Yee, faces a 20-year maximum prison sentence.\u003c/p>\n\u003cp>Jackson's son, Brandon Jackson, and a sports agent, Marlon Sullivan, entered guilty pleas to a separate conspiracy count and face shorter potential sentences -- 48 to 96 months for Brandon Jackson, 60 to 96 months for Sullivan. The two Jacksons and Sullivan will also be sentenced Oct. 21.\u003c/p>\n\u003cp>Yee and the other three defendants had been scheduled to go on trial in just a few weeks. As \u003ca href=\"http://www.mercurynews.com/crime-courts/ci_28415152/leland-yee-pleads-guilty-corruption-case\" target=\"_blank\">noted by Howard Mintz\u003c/a> of the San Jose Mercury News, Wednesday's plea deals mean few of the details of Yee's operation will become public -- at least for now:\u003c/p>\n\u003cblockquote>\u003cp>Yee's plea deal avoids a detailed exploration at trial of his political dealing, and likely reduced his potential punishment, while the government will not be forced to detail the scope of an undercover FBI probe that crossed paths with numerous high-profile figures who were not implicated in any wrongdoing, including former San Francisco 49ers quarterback Joe Montana and San Francisco Mayor Ed Lee.\u003c/p>\u003c/blockquote>\n\u003cp>Here's Yee as he arrived at the San Francisco Federal Building this morning:\u003cbr>\n\u003ca name=\"plea\">\u003c/a>\u003cbr>\nhttps://twitter.com/nbcbayarea/status/616304512756772865\u003c/p>\n\u003cp>Read Yee's plea agreement below. Click the links to read plea agreements for \u003ca href=\"https://www.scribd.com/doc/270211515/USA-v-Keith-Jackson-Plea-Agreement\" target=\"_blank\">Keith Jackson\u003c/a>, \u003ca href=\"https://www.scribd.com/doc/270211513/USA-v-Brandon-Jamelle-Jackson-Plea-Agreement\" target=\"_blank\">Brandon Jackson\u003c/a>, and \u003ca href=\"https://www.scribd.com/doc/270211516/USA-v-Marlon-Darrell-Sullivan-Plea-Agreement\" target=\"_blank\">Marlon Sullivan\u003c/a>.\u003c/p>\n\u003cp>[scribd id=270211514 key=key-Nce6iZIIIGZms0o41gnR mode=scroll]\u003c/p>\n\u003cp>\u003cem>Alex Emslie of KQED News contributed to this post.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Our original post, from the Associated Press: \u003c/strong>\u003c/p>\n\u003cp>Former state Sen. Leland Yee, the San Francisco Democrat charged last year in a sweeping organized crime and public corruption case, may have reached a plea deal with federal prosecutors.\u003c/p>\n\u003cp>Yee, who previously has pleaded not guilty to bribery, money laundering and other felony charges, was scheduled to go on trial in late July along with three co-defendants. But a judge has scheduled change-of-plea hearings for the four on Wednesday.\u003c/p>\n\u003cp>Abraham Simmons, a spokesman for U.S. Attorney Melinda Haag, said he could not provide details of a possible deal or say what the hearing would mean for Yee.\u003c/p>\n\u003cp>\"I can't confirm who is going to say what and who is going to do what,\" Simmons said.\u003c/p>\n\u003cp>Yee's attorney, James Lassart, did not immediately return a message seeking comment.\u003c/p>\n\u003cp>The FBI arrested Yee and 19 others in 2014 during a series of raids throughout the Bay Area. He is accused of soliciting and accepting bribes from an alleged Chinatown gang leader in exchange for providing help from Sacramento. The FBI also alleged that Yee, who was running for secretary of state at the time, conspired to connect an undercover agent with an international arms dealer in exchange for campaign contributions.\u003c/p>\n\u003cp>The three other defendants with hearings scheduled Wednesday are Keith Jackson, a former San Francisco school board member who acted as Yee's consultant and fundraiser; Jackson's son Brandon; and Marlon Sullivan, a sports agent. Their attorneys also did not immediately return calls.\u003c/p>\n\u003cp>The arrests were the culmination of the FBI's eight-year investigation of Raymond Chow, the elected head of a Chinese-American association called Ghee Kung Tong. The FBI alleges the association was a racketeering enterprise and that undercover agents laundered $2.6 million in cash from illegal bookmaking through the organization.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Chow has pleaded not guilty to money laundering and other charges.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 12:25 p.m.:\u003c/strong> Former state Sen. Leland Yee, facing the possibility of spending the rest of his life in prison on corruption charges, pleaded guilty today to a single felony count of racketeering.\u003c/p>\n\u003cp>Yee acknowledged his guilt in a hearing before U.S. District Court Judge Charles Breyer, who accepted the plea and set sentencing for Oct. 21. He declined to comment as he left court.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='450'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/212884920&visual=true&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false&visual=true'\n title='https://api.soundcloud.com/tracks/212884920'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The veteran San Francisco Democrat, who was running for California secretary of state when he was arrested on a long list of corruption charges in early 2014, faces a maximum term of 20 years in prison and a $250,000 fine. Read his \u003ca href=\"#plea\">plea agreement below\u003c/a>.\u003c/p>\n\u003cp>He had previously pleaded not guilty to felony corruption, racketeering and arms trafficking charges contained in a 13-count federal indictment.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The counts alleged that he had agreed to trade favors, such as supporting legislation or lobbying for state contracts, in exchange for campaign contributions; that he had agreed to secure a Senate proclamation for accused Chinatown gangster Raymond \"Shrimp Boy\" Chow -- again, in exchange for a donation; and that he had offered to help an undercover FBI agent secure firearms.\u003c/p>\n\u003cp>The count to which Yee pleaded guilty -- conspiracy to conduct the affairs of an enterprise through a pattern of racketeering activity -- accused the state senator of using his mayoral and secretary of state campaign committees for \"criminal fundraising and campaign activities.\" Those activities included wire fraud, honest services fraud, bribery, extortion, trafficking in firearms and money laundering.\u003c/p>\n\u003cp>According to the indictment and affidavits filed in the case, Yee and a political consultant he worked with, Keith Jackson, became ensnared in a federal investigation targeting Chow in 2011. The indictment recounts a long series of encounters between Yee and Jackson -- who believed they were dealing with business people seeking favors. In fact, their would-be business partners were undercover FBI agents.\u003c/p>\n\u003cp>Jackson also entered a guilty plea to the racketeering charges and, like Yee, faces a 20-year maximum prison sentence.\u003c/p>\n\u003cp>Jackson's son, Brandon Jackson, and a sports agent, Marlon Sullivan, entered guilty pleas to a separate conspiracy count and face shorter potential sentences -- 48 to 96 months for Brandon Jackson, 60 to 96 months for Sullivan. The two Jacksons and Sullivan will also be sentenced Oct. 21.\u003c/p>\n\u003cp>Yee and the other three defendants had been scheduled to go on trial in just a few weeks. As \u003ca href=\"http://www.mercurynews.com/crime-courts/ci_28415152/leland-yee-pleads-guilty-corruption-case\" target=\"_blank\">noted by Howard Mintz\u003c/a> of the San Jose Mercury News, Wednesday's plea deals mean few of the details of Yee's operation will become public -- at least for now:\u003c/p>\n\u003cblockquote>\u003cp>Yee's plea deal avoids a detailed exploration at trial of his political dealing, and likely reduced his potential punishment, while the government will not be forced to detail the scope of an undercover FBI probe that crossed paths with numerous high-profile figures who were not implicated in any wrongdoing, including former San Francisco 49ers quarterback Joe Montana and San Francisco Mayor Ed Lee.\u003c/p>\u003c/blockquote>\n\u003cp>Here's Yee as he arrived at the San Francisco Federal Building this morning:\u003cbr>\n\u003ca name=\"plea\">\u003c/a>\u003cbr>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Read Yee's plea agreement below. Click the links to read plea agreements for \u003ca href=\"https://www.scribd.com/doc/270211515/USA-v-Keith-Jackson-Plea-Agreement\" target=\"_blank\">Keith Jackson\u003c/a>, \u003ca href=\"https://www.scribd.com/doc/270211513/USA-v-Brandon-Jamelle-Jackson-Plea-Agreement\" target=\"_blank\">Brandon Jackson\u003c/a>, and \u003ca href=\"https://www.scribd.com/doc/270211516/USA-v-Marlon-Darrell-Sullivan-Plea-Agreement\" target=\"_blank\">Marlon Sullivan\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/270211514/content?start_page=1&view_mode=&access_key=key-Nce6iZIIIGZms0o41gnR\"\n title=\"http://www.scribd.com/doc/270211514\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_270211514\"\n width=\"100%\" height=\"500\" frameborder=\"0\">\u003c/iframe>\n \u003ca class=\"utils-parseShortcode-shortcodes-__scribdShortcode__scribd_footer\"\n href=\"http://www.scribd.com/doc/270211514\"\n target=\"_blank\" rel=\"noopener noreferrer\">View this document on Scribd\u003c/a>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\u003cem>Alex Emslie of KQED News contributed to this post.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Our original post, from the Associated Press: \u003c/strong>\u003c/p>\n\u003cp>Former state Sen. Leland Yee, the San Francisco Democrat charged last year in a sweeping organized crime and public corruption case, may have reached a plea deal with federal prosecutors.\u003c/p>\n\u003cp>Yee, who previously has pleaded not guilty to bribery, money laundering and other felony charges, was scheduled to go on trial in late July along with three co-defendants. But a judge has scheduled change-of-plea hearings for the four on Wednesday.\u003c/p>\n\u003cp>Abraham Simmons, a spokesman for U.S. Attorney Melinda Haag, said he could not provide details of a possible deal or say what the hearing would mean for Yee.\u003c/p>\n\u003cp>\"I can't confirm who is going to say what and who is going to do what,\" Simmons said.\u003c/p>\n\u003cp>Yee's attorney, James Lassart, did not immediately return a message seeking comment.\u003c/p>\n\u003cp>The FBI arrested Yee and 19 others in 2014 during a series of raids throughout the Bay Area. He is accused of soliciting and accepting bribes from an alleged Chinatown gang leader in exchange for providing help from Sacramento. The FBI also alleged that Yee, who was running for secretary of state at the time, conspired to connect an undercover agent with an international arms dealer in exchange for campaign contributions.\u003c/p>\n\u003cp>The three other defendants with hearings scheduled Wednesday are Keith Jackson, a former San Francisco school board member who acted as Yee's consultant and fundraiser; Jackson's son Brandon; and Marlon Sullivan, a sports agent. Their attorneys also did not immediately return calls.\u003c/p>\n\u003cp>The arrests were the culmination of the FBI's eight-year investigation of Raymond Chow, the elected head of a Chinese-American association called Ghee Kung Tong. The FBI alleges the association was a racketeering enterprise and that undercover agents laundered $2.6 million in cash from illegal bookmaking through the organization.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Chow has pleaded not guilty to money laundering and other charges.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>For a union that has defeated almost every challenger on the playing field of state politics for more than two decades, the California Teachers Association’s most powerful opponent may turn out to be what Justice Antonin Scalia recently described as “a committee of nine unelected lawyers.”\u003c/p>\n\u003cp>On Tuesday, the \u003ca href=\"http://www.supremecourt.gov/orders/courtorders/063015zr_pnk0.pdf\" target=\"_blank\" rel=\"noopener\">U.S. Supreme Court agreed\u003c/a> to decide whether the state’s most powerful employee union has the right to require teachers to pay dues that fund the CTA’s influence at both the bargaining table and the ballot box.\u003c/p>\n\u003cp>“The state cannot compel people to pay for speech with which they fundamentally disagree,” said Terry Pell, president of the \u003ca href=\"https://www.cir-usa.org/mission/\" target=\"_blank\" rel=\"noopener\">Center for Individual Rights\u003c/a>, a libertarian-leaning nonprofit group that filed the case on behalf of 10 California teachers.\u003c/p>\n\u003cp>The case has been making its way through the federal court process for the past two years en route to a ruling from the nine justices, a slow process that’s made it a bit of a sleeper in the world of news but nonetheless a fight that goes to the heart of the CTA’s power: The membership dues paid by more than 300,000 educators.\u003c/p>\n\u003cp>Like other unions, the CTA allows teachers to \u003ca href=\"http://www.cta.org/about-cta/voluntary-contribution\" target=\"_blank\" rel=\"noopener\">opt out\u003c/a> of being full-fledged members who help fund its political campaigns. But it still requires what’s called an “agency fee,” dues that are supposed to cover only the \u003ca href=\"http://www.cta.org/About-CTA/Leadership/Treasurers-Corner/Treasurers-Budget/Program-Expenditure-2013-2014.aspx\" target=\"_blank\" rel=\"noopener\">costs of general services like collective bargaining\u003c/a>. That system, itself a product of a U.S. Supreme Court ruling, dates back to a \u003ca href=\"https://supreme.justia.com/cases/federal/us/431/209/case.html\" target=\"_blank\" rel=\"noopener\">1977 case involving public school teachers in Detroit\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>This case, \u003cem>\u003ca href=\"https://www.cir-usa.org/wp-content/uploads/2014/02/friedrichs_v_cta_complaint.pdf\" target=\"_blank\" rel=\"noopener\">Friedrichs vs. California Teachers Association\u003c/a>\u003c/em>, asks a pretty straightforward question: Is the agency fee unconstitutional?\u003c/p>\n\u003cp>The plaintiffs argue that the union’s bargaining efforts are also inherently political, that there’s no way to filter one activity from the other. Thus, they believe teachers with a different viewpoint from the CTA’s are being illegally burdened. “In 25 states, there are laws on the books that require public employees to pay dues to their union as a condition of employment,” said Pell of the plaintiffs’ group. “We think a majority of the court believes the time has come to put an end to this.”\u003c/p>\n\u003cp>On the other side is not just the teachers union, but also Attorney General Kamala Harris. In \u003ca href=\"http://sblog.s3.amazonaws.com/wp-content/uploads/2015/06/14-915BriefInOppositionOkToPrint.pdf\" target=\"_blank\" rel=\"noopener\">a filing with the Supreme Court last month\u003c/a>, Harris took issue with the fact that politics is inextricably linked with the union’s day-to-day work.\u003c/p>\n\u003cp>“Negotiations addressing routine employment matters — procedures for taking leave, for example, or the condition of faculty lounges, or the method for processing employee grievances — are not ‘political’ in that sense,” wrote Harris.\u003c/p>\n\u003cp>Critics of the system think they have a shot with the generally conservative majority of the high court, after \u003ca href=\"http://www.scotusblog.com/2014/01/argument-preview-is-abood-in-trouble/\" target=\"_blank\" rel=\"noopener\">a 2014 case\u003c/a> involving union expenses in which Justice Samuel Alito suggested the overarching system in place since 1977 may be untenable.\u003c/p>\n\u003cp>In \u003ca href=\"http://www.cta.org/About-CTA/News-Room/Press-Releases/2015/06/20150630.aspx\" target=\"_blank\" rel=\"noopener\">a brief joint statement on Tuesday\u003c/a>, leaders of the CTA and other labor unions accused the Supreme Court of “reviewing decisions that have made it possible for people to stick together for a voice at work and in their communities.”\u003c/p>\n\u003cp>But the real stakes in this court fight are over the money that fuels the broad influence of the CTA, an influence that’s felt in campaigns, lobbying and local contract negotiations. One former leader of the California Legislature went so far as to \u003ca href=\"http://articles.latimes.com/2012/aug/18/local/la-me-cta-20120819\" target=\"_blank\" rel=\"noopener\">characterize the CTA’s self-image as the “co-equal fourth branch of government” in a 2012 newspaper story\u003c/a>.\u003c/p>\n\u003cp>A \u003ca href=\"http://www.fppc.ca.gov/reports/Report31110.pdf\" target=\"_blank\" rel=\"noopener\">2010 analysis by the state’s campaign finance watchdog agency\u003c/a> put the teachers union tops in political spending over the previous decade, and CTA spending has totaled tens of millions of dollars more since that report.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A ruling is expected by the summer of 2016, thus ensuring \u003ca href=\"http://ww2.kqed.org/news/2015/06/29/california-congressional-maps/get-legal-protection-via-arizona/\" target=\"_blank\" rel=\"noopener\">a second straight year\u003c/a> where the nine justices weigh in on a case with profound implications for California’s political landscape.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>For a union that has defeated almost every challenger on the playing field of state politics for more than two decades, the California Teachers Association’s most powerful opponent may turn out to be what Justice Antonin Scalia recently described as “a committee of nine unelected lawyers.”\u003c/p>\n\u003cp>On Tuesday, the \u003ca href=\"http://www.supremecourt.gov/orders/courtorders/063015zr_pnk0.pdf\" target=\"_blank\" rel=\"noopener\">U.S. Supreme Court agreed\u003c/a> to decide whether the state’s most powerful employee union has the right to require teachers to pay dues that fund the CTA’s influence at both the bargaining table and the ballot box.\u003c/p>\n\u003cp>“The state cannot compel people to pay for speech with which they fundamentally disagree,” said Terry Pell, president of the \u003ca href=\"https://www.cir-usa.org/mission/\" target=\"_blank\" rel=\"noopener\">Center for Individual Rights\u003c/a>, a libertarian-leaning nonprofit group that filed the case on behalf of 10 California teachers.\u003c/p>\n\u003cp>The case has been making its way through the federal court process for the past two years en route to a ruling from the nine justices, a slow process that’s made it a bit of a sleeper in the world of news but nonetheless a fight that goes to the heart of the CTA’s power: The membership dues paid by more than 300,000 educators.\u003c/p>\n\u003cp>Like other unions, the CTA allows teachers to \u003ca href=\"http://www.cta.org/about-cta/voluntary-contribution\" target=\"_blank\" rel=\"noopener\">opt out\u003c/a> of being full-fledged members who help fund its political campaigns. But it still requires what’s called an “agency fee,” dues that are supposed to cover only the \u003ca href=\"http://www.cta.org/About-CTA/Leadership/Treasurers-Corner/Treasurers-Budget/Program-Expenditure-2013-2014.aspx\" target=\"_blank\" rel=\"noopener\">costs of general services like collective bargaining\u003c/a>. That system, itself a product of a U.S. Supreme Court ruling, dates back to a \u003ca href=\"https://supreme.justia.com/cases/federal/us/431/209/case.html\" target=\"_blank\" rel=\"noopener\">1977 case involving public school teachers in Detroit\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>This case, \u003cem>\u003ca href=\"https://www.cir-usa.org/wp-content/uploads/2014/02/friedrichs_v_cta_complaint.pdf\" target=\"_blank\" rel=\"noopener\">Friedrichs vs. California Teachers Association\u003c/a>\u003c/em>, asks a pretty straightforward question: Is the agency fee unconstitutional?\u003c/p>\n\u003cp>The plaintiffs argue that the union’s bargaining efforts are also inherently political, that there’s no way to filter one activity from the other. Thus, they believe teachers with a different viewpoint from the CTA’s are being illegally burdened. “In 25 states, there are laws on the books that require public employees to pay dues to their union as a condition of employment,” said Pell of the plaintiffs’ group. “We think a majority of the court believes the time has come to put an end to this.”\u003c/p>\n\u003cp>On the other side is not just the teachers union, but also Attorney General Kamala Harris. In \u003ca href=\"http://sblog.s3.amazonaws.com/wp-content/uploads/2015/06/14-915BriefInOppositionOkToPrint.pdf\" target=\"_blank\" rel=\"noopener\">a filing with the Supreme Court last month\u003c/a>, Harris took issue with the fact that politics is inextricably linked with the union’s day-to-day work.\u003c/p>\n\u003cp>“Negotiations addressing routine employment matters — procedures for taking leave, for example, or the condition of faculty lounges, or the method for processing employee grievances — are not ‘political’ in that sense,” wrote Harris.\u003c/p>\n\u003cp>Critics of the system think they have a shot with the generally conservative majority of the high court, after \u003ca href=\"http://www.scotusblog.com/2014/01/argument-preview-is-abood-in-trouble/\" target=\"_blank\" rel=\"noopener\">a 2014 case\u003c/a> involving union expenses in which Justice Samuel Alito suggested the overarching system in place since 1977 may be untenable.\u003c/p>\n\u003cp>In \u003ca href=\"http://www.cta.org/About-CTA/News-Room/Press-Releases/2015/06/20150630.aspx\" target=\"_blank\" rel=\"noopener\">a brief joint statement on Tuesday\u003c/a>, leaders of the CTA and other labor unions accused the Supreme Court of “reviewing decisions that have made it possible for people to stick together for a voice at work and in their communities.”\u003c/p>\n\u003cp>But the real stakes in this court fight are over the money that fuels the broad influence of the CTA, an influence that’s felt in campaigns, lobbying and local contract negotiations. One former leader of the California Legislature went so far as to \u003ca href=\"http://articles.latimes.com/2012/aug/18/local/la-me-cta-20120819\" target=\"_blank\" rel=\"noopener\">characterize the CTA’s self-image as the “co-equal fourth branch of government” in a 2012 newspaper story\u003c/a>.\u003c/p>\n\u003cp>A \u003ca href=\"http://www.fppc.ca.gov/reports/Report31110.pdf\" target=\"_blank\" rel=\"noopener\">2010 analysis by the state’s campaign finance watchdog agency\u003c/a> put the teachers union tops in political spending over the previous decade, and CTA spending has totaled tens of millions of dollars more since that report.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A ruling is expected by the summer of 2016, thus ensuring \u003ca href=\"http://ww2.kqed.org/news/2015/06/29/california-congressional-maps/get-legal-protection-via-arizona/\" target=\"_blank\" rel=\"noopener\">a second straight year\u003c/a> where the nine justices weigh in on a case with profound implications for California’s political landscape.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"id": "city-arts",
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"info": "A one-hour radio program to hear celebrated writers, artists and thinkers address contemporary ideas and values, often discussing the creative process. Please note: tapes or transcripts are not available",
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"airtime": "SUN 1pm-2pm, TUE 10pm, WED 1am",
"meta": {
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"source": "City Arts & Lectures"
},
"link": "https://www.cityarts.net",
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"rss": "https://www.cityarts.net/feed/"
}
},
"closealltabs": {
"id": "closealltabs",
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"officialWebsiteLink": "/podcasts/closealltabs",
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"order": 1
},
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"id": "code-switch-life-kit",
"title": "Code Switch / Life Kit",
"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
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"id": "commonwealth-club",
"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Commonwealth-Club-Podcast-Tile-360x360-1.jpg",
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"meta": {
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"source": "Commonwealth Club of California"
},
"link": "/radio/program/commonwealth-club",
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"google": "https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw",
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"id": "forum",
"title": "Forum",
"tagline": "The conversation starts here",
"info": "KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.",
"airtime": "MON-FRI 9am-11am, 10pm-11pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg",
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"source": "kqed",
"order": 9
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM5NTU3MzgxNjMz",
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"meta": {
"site": "radio",
"source": "WNYC"
},
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"apple": "https://itunes.apple.com/us/podcast/freakonomics-radio/id354668519",
"tuneIn": "https://tunein.com/podcasts/WNYC-Podcasts/Freakonomics-Radio-p272293/",
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},
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"id": "fresh-air",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=214089682&at=11l79Y&ct=nprdirectory",
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"info": "A live production of NPR and WBUR Boston, in collaboration with stations across the country, Here & Now reflects the fluid world of news as it's happening in the middle of the day, with timely, in-depth news, interviews and conversation. Hosted by Robin Young, Jeremy Hobson and Tonya Mosley.",
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},
"hidden-brain": {
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"info": "Shankar Vedantam uses science and storytelling to reveal the unconscious patterns that drive human behavior, shape our choices and direct our relationships.",
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"airtime": "SUN 7pm-8pm",
"meta": {
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"source": "NPR"
},
"link": "/radio/program/hidden-brain",
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"how-i-built-this": {
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"title": "How I Built This with Guy Raz",
"info": "Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.",
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"airtime": "SUN 7:30pm-8pm",
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"link": "/radio/program/how-i-built-this",
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"apple": "https://itunes.apple.com/us/podcast/how-i-built-this-with-guy-raz/id1150510297?mt=2",
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"hyphenacion": {
"id": "hyphenacion",
"title": "Hyphenación",
"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/03/Hyphenacion_FinalAssets_PodcastTile.png",
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"officialWebsiteLink": "/podcasts/hyphenacion",
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"order": 15
},
"link": "/podcasts/hyphenacion",
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"spotify": "https://open.spotify.com/show/2p3Fifq96nw9BPcmFdIq0o?si=39209f7b25774f38",
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},
"jerrybrown": {
"id": "jerrybrown",
"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-Political-Mind-of-Jerry-Brown-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/jerrybrown",
"meta": {
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"order": 18
},
"link": "/podcasts/jerrybrown",
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"apple": "https://itunes.apple.com/us/podcast/id1492194549",
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},
"latino-usa": {
"id": "latino-usa",
"title": "Latino USA",
"airtime": "MON 1am-2am, SUN 6pm-7pm",
"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg",
"officialWebsiteLink": "http://latinousa.org/",
"meta": {
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"source": "npr"
},
"link": "/radio/program/latino-usa",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=79681317&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/510016/podcast.xml"
}
},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
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"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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},
"masters-of-scale": {
"id": "masters-of-scale",
"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"officialWebsiteLink": "https://mastersofscale.com/",
"meta": {
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"source": "WaitWhat"
},
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"apple": "http://mastersofscale.app.link/",
"rss": "https://rss.art19.com/masters-of-scale"
}
},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED MindShift: How We Will Learn",
"officialWebsiteLink": "/mindshift/",
"meta": {
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"source": "kqed",
"order": 12
},
"link": "/podcasts/mindshift",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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}
},
"morning-edition": {
"id": "morning-edition",
"title": "Morning Edition",
"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
"airtime": "MON-FRI 3am-9am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg",
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"link": "/radio/program/morning-edition"
},
"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/onourwatch",
"meta": {
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"source": "kqed",
"order": 11
},
"link": "/podcasts/onourwatch",
"subscribe": {
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw",
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},
"on-the-media": {
"id": "on-the-media",
"title": "On The Media",
"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
"airtime": "SUN 2pm-3pm, MON 12am-1am",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png",
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"meta": {
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"source": "wnyc"
},
"link": "/radio/program/on-the-media",
"subscribe": {
"apple": "https://itunes.apple.com/us/podcast/on-the-media/id73330715?mt=2",
"tuneIn": "https://tunein.com/radio/On-the-Media-p69/",
"rss": "http://feeds.wnyc.org/onthemedia"
}
},
"pbs-newshour": {
"id": "pbs-newshour",
"title": "PBS NewsHour",
"info": "Analysis, background reports and updates from the PBS NewsHour putting today's news in context.",
"airtime": "MON-FRI 3pm-4pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.pbs.org/newshour/",
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"source": "pbs"
},
"link": "/radio/program/pbs-newshour",
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"apple": "https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2",
"tuneIn": "https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/",
"rss": "https://www.pbs.org/newshour/feeds/rss/podcasts/show"
}
},
"perspectives": {
"id": "perspectives",
"title": "Perspectives",
"tagline": "KQED's series of daily listener commentaries since 1991",
"info": "KQED's series of daily listener commentaries since 1991.",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/01/Perspectives_Tile_Final.jpg",
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"officialWebsiteLink": "/perspectives/",
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"source": "kqed",
"order": 14
},
"link": "/perspectives",
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