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News


SAN FRANCISCO DISTRICT ATTORNEY BROOKE JENKINS BACKTRACKS ON SANCTUARY CITY
AMENDMENT


Sydney Johnson
Mar 9
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San Francisco District Attorney Brooke Jenkins gives a speech during a protest
over the death of Mahsa Amini in Iran at San Francisco City Hall on Oct. 9,
2022. (Aryk Copley/KQED)

San Francisco will not carve out new exceptions to its sanctuary city ordinance
to cooperate with the Department of Homeland Security, after District Attorney
Brooke Jenkins on Wednesday officially withdrew her proposal to do so. Members
of the Board of Supervisors affirmed the move on Thursday.

Jenkins’ decision came just a day after supervisors overwhelmingly passed a
resolution reaffirming support for the city’s sanctuary city law in a 10–1 vote,
with Supervisor Matt Dorsey as the only holdout. The ordinance broadly prohibits
city leaders and police from notifying Immigration and Customs Enforcement if a
person potentially facing deportation is released from custody.



SF Supervisors Split on Details of City's Sanctuary Policy Shielding Immigrants
From Deportation

“After meeting with the victims of these horrific crimes and community leaders,
I have asked Supervisor Catherine Stefani to table our two ordinances that would
allow limited exceptions to our policy to authorize a parole entry agreement
with the Department of Homeland Security,” Jenkins said in a prepared statement.

Jenkins in February asked the Board of Supervisors to make an exception to the
sanctuary ordinance for two men, one accused of raping a child and another who
is suspected of domestic violence and murder. Both suspects are Mexican
nationals who have fled the United States.

Jenkins previously said that federal authorities would refuse to seek
extradition of the suspects unless San Francisco changed its decades-long stance
on immigration enforcement.

On Thursday, the Public Safety and Neighborhood Services Committee, which
consists of Supervisors Stefani, Dorsey and Joel Engardio, voted unanimously to
table the amendments.

“I was here in 2019 when DHS asked us to do this very same thing, and then it
turned out we didn't need to do it at all because they brought the individual
back without any amendments whatsoever,” Stefani said before the committee.

In her statement, a stark reversal from her previous stance, Jenkins stated that
federal authorities could pursue the two men without San Francisco compromising
its sanctuary laws.

“We will work with and call on the federal government to expedite the
apprehension and transportation of the wanted domestic violence murderer and
child rapist who fled the country,” Jenkins wrote. “My priority is delivering
justice for these families who have been waiting years. Time is of the essence
in these cases and the federal government, if it chooses to, can offer these
families their best shot at seeing justice done.”

Stefani said the district attorney reassured her that she is working with the
federal government to expedite the apprehension and extradition of the suspects.

“Their assistance in these cases will ensure that we are able to live up to our
mutual commitments to the people of San Francisco, the state of California and
the United States,” Stefani said.

Meanwhile, another proposal to amend the sanctuary law appears not to have
enough votes from the supervisors to pass. That proposal, put forward by Dorsey,
would add people charged with dealing fentanyl to the city’s list of exceptions
for sanctuary protections.



'My priority is delivering justice for these families who have been waiting
years.'San Francisco District Attorney Brooke Jenkins

Under San Francisco’s current policy, local law enforcement can honor an ICE
request to hold someone if that person is facing a violent felony charge and was
previously convicted of a violent felony — including murder, rape and arson — in
the previous seven years, or of a serious felony — including robbery and
carjacking — in the previous five years.

Dorsey’s proposal would add an additional exception to that list, for a person
who had been found guilty of selling fentanyl and previously convicted of
fentanyl dealing or a violent felony in the prior seven years, or a serious
felony in the prior five years.

Dorsey is considering proposing a ballot measure if it does not pass the Board
of Supervisors, according to multiple reports.

At the public safety committee hearing Thursday, Engardio called on the board to
uphold San Francisco's commitment to its sanctuary policy.

"It's an important concept for public safety because it allows undocumented
residents to report crimes and testify as witnesses without fear of
deportation,” he said at the hearing. “The sanctuary city concept is sacred. We
should not weaken it.”

KQED reporter Tyche Hendricks contributed to this report.



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