San Francisco's sanctuary policy vs. deportation: Is there a better way?
The July 1 killing of a San Francisco woman by a man with a history of felonies and deportations has brought the city鈥檚 鈥渟anctuary policy鈥� for undocumented immigrants under national scrutiny.
The law, which has been in place since 1989, prohibits city authorities from handing an undocumented immigrant over to federal immigration authorities without a warrant or court order. more than 200 state and city jurisdictions nationwide have similar policies.
Debate has focused on whether or not states and cities are responsible for facilitating federal execution of immigration policy, but has also called into question the effectiveness of deportation practices as a whole. One possible path forward for San Francisco and other "sanctuary cities" would be voluntary participation in a federal program that only deports high-risk, undocumented immigrants.聽
Francisco Lopez-Sanchez, the man who shot and killed Kate Steinle, had been picked up by police in March for a 20-year-old drug offense, but was released despite an Immigration and Customs Enforcement (ICE) request for his continued detention.
Critics of the sanctuary policy say if Sanchez had been deported in March, as ICE had intended, he would never have had the opportunity to murder Steinle. Both of California鈥檚 senators released statements denouncing the law, and presidential candidate Hillary Clinton in an interview that the city was wrong to overlook Sanchez鈥檚 history and ICE鈥檚 recommendation.
"The city made a mistake, not to deport someone that the federal government strongly felt should be deported," she said. "I have absolutely no support for a city that ignores the strong evidence that should be acted on."
Advocates like San Francisco sheriff Ross Mirkarimi, however, say sanctuary policies benefit communities by fostering a more trusting relationship between police and immigrants. Mr. Mirkarimi told CNN, "We're a world-renowned city with a large immigrant population.... From a law enforcement perspective, we want to build trust with that population."
He also said Sanchez鈥檚 release was to secure a warrant, not the city鈥檚 failure to honor the detainer.
鈥淚CE knew that he had been deported five times,鈥� he said. 鈥淵ou would have thought [Sanchez] met a threshold that he required a court order or a warrant. They did not do that."
But the fact that Sanchez had been deported five times already and was still present in the US to commit the crime may suggest that that focusing on sanctuary cities misses a larger issue.聽
Raul Reyes, an attorney and USA Today board of contributors member, for CNN that the most important question is not who was responsible for ensuring Sanchez鈥檚 deportation, but whether the United States鈥� approach to deportation is working as intended.
鈥淥ne takeaway from this episode is that deporting as many undocumented immigrants as possible is not the answer to our immigration problems,鈥� Mr. Reyes wrote. 鈥淟opez-Sanchez had been deported five times, and yet he was still here in the country without authorization.鈥�
Reyes cited 2011 ICE data saying that the cost of deporting a person is . 鈥淢ultiply this by five and that is how much taxpayer money was wasted on a criminal who remained at large to randomly take the life of an innocent young woman.鈥�
Deportation policies that target undocumented migrants en masse, Reyes and others have argued, divert resources away from programs to remove those who pose a real security threat.
Though deportations under President Barack Obama have exceeded those authorized by his predecessors, efforts like last year鈥檚 contested executive action deferring deportation for DREAMers and last week鈥檚 to narrow deportation focus to convicted criminals and recent arrivals show a shift in perspective on who is seen as a priority for deportation.
A possible compromise between ICE and cities with sanctuary policies like San Francisco鈥檚 may be the DHS鈥檚 . PEP is a revision of the unpopular Secure Communities policy that let federal immigration authorities intervene in state and local law enforcement to deport undocumented immigrants brought into custody.
Under PEP, though, only those who fall into 鈥減riority鈥� categories 鈥� 鈥渋ndividuals convicted of significant criminal offenses or who otherwise pose a threat to public safety鈥� 鈥� would warrant ICE鈥檚 involvement.
When the PEP program was announced in November, saying, "if properly implemented, could mark a significant policy shift" in ICE deportations. But the ACLU warned that the new DHS program needed clarification.聽
California Sen. Dianne Feinstein (D)聽聽in a letter Tuesday to San Francisco mayor Ed Lee that the city participate in PEP so that in cases like Sanchez鈥檚, it would be easier 鈥渢o take custody of individuals who pose a danger to public safety before they are released.鈥� Senator Feinstein's letter to the mayor also notes that the Los Angeles聽County Sheriff's department was recently asked to continue to participate in PEP.
