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"content": "\u003cp>LOS ANGELES — More than 1,800 immigrants that the federal government wanted to deport were nevertheless released from local jails and later re-arrested for various crimes, according to a government report released Monday.\u003c/p>\n\u003cp>The Immigration and Customs Enforcement report -- obtained by an organization that actively opposes illegal immigration -- said the re-arrested immigrants were among 8,145 people who were freed between January and August 2014, despite requests from federal agents that they be held for deportation.\u003c/p>\n\u003cp>The report provided by the Washington-based Center for Immigration Studies says about 23 percent were eventually taken into custody again on a variety of charges.\u003c/p>\n\u003cp>Many jurisdictions have stopped honoring so-called immigration detainers, saying they can't hold arrestees without probable cause.\u003c/p>\n\u003cp>In a case drawing national attention to the issue, authorities say a woman was shot to death in San Francisco July 1 by a suspect who was released from jail despite an immigration detainer.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In the report, the top crimes for which immigrants were re-arrested were drug violations and drunken driving.\u003c/p>\n\u003cp>The report also cited six examples involving more serious offenses, including a San Mateo County case where an individual was arrested for investigation of five felony sex crimes involving a child under 14 after a detainer had been declined.\u003c/p>\n\u003cp>\"This is a genuine safety problem, and also a crisis for immigration enforcement,\" said Jessica Vaughan, the center's director of policy studies. She added that the victims of what may appear to others to be less serious crimes still want to see the perpetrators held accountable.\u003c/p>\n\u003cp>More than 250 jurisdictions across the country have stopped fully honoring so-called immigration detainers, saying they can't hold arrestees beyond their scheduled release dates without probable cause. California and Connecticut have passed state laws to limit the use of immigration detainers and jails in states from Oregon to Iowa also refuse to honor the requests.\u003c/p>\n\u003cp>The controversy surrounding immigration detainers has re-entered the national spotlight since the shooting death of 32-year-old Kate Steinle on Pier 14 on San Francisco's waterfront. Suspect Juan Francisco Lopez-Sanchez was released from jail in April, even though immigration officials had lodged a detainer to try to deport him from the country for a sixth time.\u003c/p>\n\u003cp>In the last two weeks, a number of politicians and lawmakers have questioned the limits on the use of detainers. San Francisco Sheriff Ross Mirkarimi has argued he was upholding local law, and that detainers are not a legal way to keep someone in custody and have been proven to erode police relations with immigrant communities.\u003c/p>\n\u003cp>Immigrant advocates said federal immigration agents already have information about who is in local jails, and they can make the arrests on their own.\u003c/p>\n\u003cp>\"It is not correct to point to the detainers as the reason why people are getting re-arrested,\" said Jennie Pasquarella, a staff attorney at the American Civil Liberties Union of Southern California. \"ICE has had, and continues to have and develop its tools to be able to prioritize people who it believes are priority for removal, and to pick up those people.\"\u003c/p>\n\u003cp>Following the pushback on detainers, ICE has said it will focus on more serious criminals and ask law enforcement agencies to notify them when they're releasing immigrants from custody, if not actually hold them.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>ICE officials did not immediately comment on the report.\u003c/p>\n\n",
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"excerpt": "Study says about 1,800 of roughly 8,000 undocumented detainees released last year wound up in jail again.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>LOS ANGELES — More than 1,800 immigrants that the federal government wanted to deport were nevertheless released from local jails and later re-arrested for various crimes, according to a government report released Monday.\u003c/p>\n\u003cp>The Immigration and Customs Enforcement report -- obtained by an organization that actively opposes illegal immigration -- said the re-arrested immigrants were among 8,145 people who were freed between January and August 2014, despite requests from federal agents that they be held for deportation.\u003c/p>\n\u003cp>The report provided by the Washington-based Center for Immigration Studies says about 23 percent were eventually taken into custody again on a variety of charges.\u003c/p>\n\u003cp>Many jurisdictions have stopped honoring so-called immigration detainers, saying they can't hold arrestees without probable cause.\u003c/p>\n\u003cp>In a case drawing national attention to the issue, authorities say a woman was shot to death in San Francisco July 1 by a suspect who was released from jail despite an immigration detainer.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In the report, the top crimes for which immigrants were re-arrested were drug violations and drunken driving.\u003c/p>\n\u003cp>The report also cited six examples involving more serious offenses, including a San Mateo County case where an individual was arrested for investigation of five felony sex crimes involving a child under 14 after a detainer had been declined.\u003c/p>\n\u003cp>\"This is a genuine safety problem, and also a crisis for immigration enforcement,\" said Jessica Vaughan, the center's director of policy studies. She added that the victims of what may appear to others to be less serious crimes still want to see the perpetrators held accountable.\u003c/p>\n\u003cp>More than 250 jurisdictions across the country have stopped fully honoring so-called immigration detainers, saying they can't hold arrestees beyond their scheduled release dates without probable cause. California and Connecticut have passed state laws to limit the use of immigration detainers and jails in states from Oregon to Iowa also refuse to honor the requests.\u003c/p>\n\u003cp>The controversy surrounding immigration detainers has re-entered the national spotlight since the shooting death of 32-year-old Kate Steinle on Pier 14 on San Francisco's waterfront. Suspect Juan Francisco Lopez-Sanchez was released from jail in April, even though immigration officials had lodged a detainer to try to deport him from the country for a sixth time.\u003c/p>\n\u003cp>In the last two weeks, a number of politicians and lawmakers have questioned the limits on the use of detainers. San Francisco Sheriff Ross Mirkarimi has argued he was upholding local law, and that detainers are not a legal way to keep someone in custody and have been proven to erode police relations with immigrant communities.\u003c/p>\n\u003cp>Immigrant advocates said federal immigration agents already have information about who is in local jails, and they can make the arrests on their own.\u003c/p>\n\u003cp>\"It is not correct to point to the detainers as the reason why people are getting re-arrested,\" said Jennie Pasquarella, a staff attorney at the American Civil Liberties Union of Southern California. \"ICE has had, and continues to have and develop its tools to be able to prioritize people who it believes are priority for removal, and to pick up those people.\"\u003c/p>\n\u003cp>Following the pushback on detainers, ICE has said it will focus on more serious criminals and ask law enforcement agencies to notify them when they're releasing immigrants from custody, if not actually hold them.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>ICE officials did not immediately comment on the report.\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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"excerpt": "Sheriff says notifying ICE of felon's release would have been against San Francisco ordinance. ",
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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": "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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"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. ",
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"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. ",
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"marketplace": {
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"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.",
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"mindshift": {
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"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>",
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"order": 12
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"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?",
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"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",
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"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
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"politicalbreakdown": {
"id": "politicalbreakdown",
"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
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"possible": {
"id": "possible",
"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
"airtime": "SUN 2pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg",
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},
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},
"pri-the-world": {
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"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
"airtime": "MON-FRI 2pm-3pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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},
"radiolab": {
"id": "radiolab",
"title": "Radiolab",
"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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},
"reveal": {
"id": "reveal",
"title": "Reveal",
"info": "Created by The Center for Investigative Reporting and PRX, Reveal is public radios first one-hour weekly radio show and podcast dedicated to investigative reporting. Credible, fact based and without a partisan agenda, Reveal combines the power and artistry of driveway moment storytelling with data-rich reporting on critically important issues. The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.",
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"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/reveal300px.png",
"officialWebsiteLink": "https://www.revealnews.org/episodes/",
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"link": "/radio/program/reveal",
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"rss": "http://feeds.revealradio.org/revealpodcast"
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},
"rightnowish": {
"id": "rightnowish",
"title": "Rightnowish",
"tagline": "Art is where you find it",
"info": "Rightnowish digs into life in the Bay Area right now… ish. Journalist Pendarvis Harshaw takes us to galleries painted on the sides of liquor stores in West Oakland. We'll dance in warehouses in the Bayview, make smoothies with kids in South Berkeley, and listen to classical music in a 1984 Cutlass Supreme in Richmond. Every week, Pen talks to movers and shakers about how the Bay Area shapes what they create, and how they shape the place we call home.",
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"order": 16
},
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},
"science-friday": {
"id": "science-friday",
"title": "Science Friday",
"info": "Science Friday is a weekly science talk show, broadcast live over public radio stations nationwide. Each week, the show focuses on science topics that are in the news and tries to bring an educated, balanced discussion to bear on the scientific issues at hand. Panels of expert guests join host Ira Flatow, a veteran science journalist, to discuss science and to take questions from listeners during the call-in portion of the program.",
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