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What Went Wrong With the Case of Francisco Lopez-Sanchez

Photo of Constitution by Zerbor/Shutterstock
Photo of Constitution by Zerbor/Shutterstock
Jennie Pasquarella,
Senior Staff Attorney,
勛圖眻畦 of Southern California
Kate Desormeau,
勛圖眻畦 Immigrants' Rights Project
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July 14, 2015

The tragic shooting of Kate Steinle in San Francisco has focused national attention on why her accused assailant, Francisco Lopez-Sanchez, was released from the San Francisco Sheriffs Departments custody in April and not deported. U.S. Immigration and Customs Enforcement and others have rushed to cast blame on the sheriffs department for Ms. Steinles death. But this horrible and apparently random act of violence shouldnt be used to push a political agenda.

Did something go wrong here? Yes. But San Franciscos policies are not to blame for this tragedy.

Although we dont yet have all the facts, we do know that this case was unusual. Until late March, Lopez-Sanchez was in federal custody, serving a prison sentence that normally would have ended with deportation. His sentence apparently should have ended in July 2013, but for reasons we dont yet understand, ICE did not deport him then or at any time over the next year and 8 months, when Lopez-Sanchez inexplicably remained in federal custody. Finally, in March 2015, the federal Bureau of Prisons sent him to San Francisco based on a 20-year-old warrant for a marijuana charge a charge that San Francisco predictably decided not to pursue because it was a low-level offense from two decades ago.

ICE now blames San Francisco for failing to notify ICE when that charge was dropped. But the sheriff says that what ICE sent was an immigration detainer a form that asks for extended detention, which he could not enforce because it was not accompanied by a warrant. Under a and a , the sheriffs department does not imprison people based on ICE detainers alone. Rather, like many other jurisdictions around the country, the sheriffs department requires a judicial warrant before it will imprison someone at ICEs request. This is not a controversial position multiple federal courts have found constitutional defects with ICEs detainer practices. When Lopez-Sanchezs time in local custody was done, there was no legal basis for San Francisco to hold him.

Also relevant here is a more recent , which declines to share certain information with ICE. Even ICE recognizes that localities are not required to respond to notification requests. And there are good reasons why San Francisco decided to keep its distance from ICE: The sheriffs department depends on the trust of the whole community, including immigrants, in order to solve crimes and keep people safe. Drawing a bright line between the sheriffs department and federal immigration authorities is critical to maintaining that trust. At any rate, if ICE had only wanted advance notice so it could reassume custody of Lopez-Sanchez when his local charge was resolved, an outdated, legally discredited ICE detainer form was the wrong tool to use.

How could the federal government have handled this differently? If ICE had presented the Sheriffs Department with a judicial order authorizing detention, San Francisco could legally have kept Lopez-Sanchez in custody temporarily for ICEand it would have done so, under its policies. But ICE didnt do that.

So the question remains: Why did ICE use a detainer form that it knew San Francisco would not enforce indeed a form that ICE itself has it will no longer use? Before policymakers rush to judgment, we need answers on what actually went wrong here.

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