Due Process For All must wait another week

|
(54)
Supporters from Causa Justa, pictured here at a May Day rally, were among the organizations who supported Due Process for All.
GUARDIAN PHOTO BY REBECCA BOWE

Sup. John Avalos’ Due Process for All ordinance, legislation barring San Francisco law enforcement agencies from honoring detainer requests issued by U.S. Immigrations and Customs Enforcement (ICE) under the federal Secure Communities (S-Comm) program, faced obstacles at the Sept. 17 Board of Supervisors meeting and was ultimately continued to the following week.

The legislation initially had enough support for a veto-proof supermajority, but opposition has surfaced to prevent the legislation from winning approval as written.

In a recent editorial, Police Chief Greg Suhr called for it to be scaled back. Meanwhile, the San Francisco Deputy Sheriffs’ Association came out against it and Mayor Ed Lee threatened to veto the legislation in its current form.

At issue was whether to amend the legislation by including "carve-outs" — exceptions requiring law enforcement to honor ICE requests in cases where offenders are suspected of serious violent crimes, child molestation or human trafficking.

District 6 Sup. Jane Kim, an initial supporter of Avalos’ Due Process for All Ordinance, proposed an amendment that would grant the Sheriff discretion to honor ICE detainer requests in cases where the offender had been convicted of one of the aforementioned crimes in the past seven years.

Kim characterized her amendment as "thoughtful and limited," but the proposal met with resistance from Avalos and Sup. David Campos. "I am afraid that in the process of trying to do the right thing, we're going to end up with unintended consequences," Campos said.

Board President David Chiu indicated that he agreed with including carve-outs in narrow circumstances.

Under S-Comm, if an arrestee shows up in a shared database as an undocumented immigrant, ICE can ask the arresting local law enforcement agency to detain the person in question, even after they would be otherwise eligible for release. Detainer requests, which police have no legal obligation to comply with, are routinely issued without warrants or a requirement to show probable cause.

Avalos’ legislation seeks to extend due process to all San Franciscans by making it illegal for local law enforcement to comply with such requests. In San Francisco, ICE detainer requests issued under S-Comm have resulted in at least 784 deportations since 2010.

The Board Chamber at City Hall was filled to capacity with supporters of Avalos' legislation before the hearing even began. The line to get into the main chamber stretched all the way down the hallway to the first overflow room, which had standing room only just five minutes after the meeting began. When Avalos initially stood to speak, the chamber resonated with chants of "Si se puede! Si se puede!"

 

Cinthya Muñoz, Immigrant Rights Organizer with Causa Justa, remained hopeful despite the setbacks. "We're excited that we were able to push back on the amendments being proposed because of how they would impact the vast majority of our communities," she said. "And we're still hopeful that we'll be able to get our Due Process for All policy passed next week."

Up until recently, Lee lacked veto power due to the ordinance's supermajority approval. But when Avalos lost his supermajority support due to what he called "political pressure," Lee regained that power. "Whether it's relationships directly with the police chief, the mayor, the Police Officers Association," Avalos told the Guardian, "[the pressure] kind of withered eight sponsor support for not having carve-outs."

Not to be deterred, however, are those groups and individuals fighting for Due Process for All. Following the continuation announcement, the throngs of supporters filed out of the main chamber and down into the lobby of City Hall, where they gathered and prepared for another hearing, same time, same place.

"It's actually really great because I think it gives us a bigger chance for the supervisors to hear from community members," Muñoz said. "That what community wants is Due Process for All, everybody to be treated equally and to not make a differentiation between who's worth it in our communities."

Comments

whether to make disclosures and with any assurances they give. I oppose continued political interference with those whose job is to keep us safe, and I therefore give the cops a wide latitude.

Ed Lee is speaking for the silent majority who agree with that position.

Posted by Guest on Sep. 18, 2013 @ 11:00 am

Buy Hot Animal Kigurumi Onesies Pajamas At Wholesale Price.
animal onesies

Posted by flying squirrel onesie on Dec. 10, 2013 @ 5:38 pm

adult men women onesies,funny onesies,baby onesies, kigurumi pjs,animal costumes animal pajamas

Posted by kigurumi pajamas on Dec. 10, 2013 @ 5:44 pm

Buy Hot Animal Kigurumi Onesies Pajamas At Wholesale Price.rilakkuma onesie

Posted by rilakkuma onesie on Dec. 10, 2013 @ 5:45 pm

Buy Hot Animal Kigurumi Onesies Pajamas At Wholesale Price.hello kitty onesie

Posted by hello kitty onesie on Dec. 10, 2013 @ 5:47 pm

brave law enforcement officers are not representative of the majority.

Posted by anon on Sep. 18, 2013 @ 11:01 am

contrary to yours are mobs.

Their opinions are biases.

Doesn't Suhr largely support this effort?

Posted by Guest on Sep. 18, 2013 @ 11:16 am
Posted by Guest on Sep. 18, 2013 @ 11:31 am

Buy Hot Animal Kigurumi Onesies Pajamas At Wholesale Price.animal onesie

Posted by animal onesie on Dec. 10, 2013 @ 5:48 pm

Don't be fooled by fraudulent nonprofits, such as Mark Goldes' Aesop Institute. Read reviews: http://greatnonprofits.org/reviews/aesop-institute/166232/

Posted by Guest on Sep. 18, 2013 @ 11:34 am

Don't be fooled by fraudulent nonprofits, such as Mark Goldes' Aesop Institute. Read reviews: http://greatnonprofits.org/reviews/aesop-institute/166232/

Posted by Guest on Sep. 18, 2013 @ 11:35 am

John Avalos & David Campos two liberal proressives who think they know whats best & they get these mobs of illegals too stand outside City Hall & protest about anything that hold them accountable for there actions. Do you trust Avalos a community organizer at best or the Chief Of Police & his 32yrs of experience. Can't wait till these two idiots are termed out & the City can once again elect people who work for all of its citizens not just the illegal ones!!

Posted by Guest Big G on Sep. 18, 2013 @ 12:30 pm

Avalos and Campos making city-wide public safety decisions that they have no business making.

Daly and Mirk have been replaced by more moderate Supervisors, reflecting the city's move to the center, and it can only be hoped that Campos and Avalos are the last of the morons.

Posted by Guest on Sep. 18, 2013 @ 12:45 pm

At least you admit that undocumented San Franciscans are still citizens of this city. It's a start.

Posted by Hortencia on Sep. 18, 2013 @ 1:01 pm

In fact even aliens who are here on legal visas or on a green card are not citizens.

So a more accurate description would be that illegals "are still residents of this city". No problem there. They definitely reside here.

Posted by Guest on Sep. 18, 2013 @ 1:17 pm

They reside here, they pay taxes here, they share our roads and schools and community life. They contribute greatly to this city's success. They are citizens of San Francisco, regardless.

Posted by Hortencia on Sep. 18, 2013 @ 2:08 pm

They cannot vote or serve on juries. They have less civil and legal rights. They are here illegally.

Posted by Guest on Sep. 18, 2013 @ 2:20 pm

California Gives Expanded Rights to Noncitizens

LOS ANGELES — California is challenging the historic status of American citizenship with measures to permit noncitizens to sit on juries and monitor polls for elections in which they cannot vote and to open the practice of law even to those here illegally. It is the leading edge of a national trend that includes granting drivers’ licenses and in-state tuition to illegal immigrants in some states and that suggests legal residency could evolve into an appealing option should immigration legislation fail to produce a path to citizenship.

http://www.nytimes.com/2013/09/21/us/california-leads-in-expanding-nonci...

Posted by Guest on Sep. 21, 2013 @ 8:09 am

citizen. It's important to understand that distinction. An illegal with a few rights is still an illegal.

Posted by Guest on Sep. 21, 2013 @ 8:23 am

A government program that only violates the constitution for SOME people is still unconstitutional.

Posted by Guest on Sep. 22, 2013 @ 2:59 am

citizens or non-citizens. And if there really were no difference, then the words "citizen" and "alien" would have no meaning. They'd be one and the same.

Ergo, illegals have less rights as do aliens who are here legally but who are not citizens.

Posted by anon on Sep. 22, 2013 @ 8:02 am

It just so happens that due process is one of those laws that doesn't recognize the difference between documented and undocumented individuals!

Posted by Guest on Sep. 22, 2013 @ 9:35 am

The state does not have to provide a defense lawyer to an illegal who is detained because of their lack of a valid immigration status and has to be judged at an immigration court hearing.

He/she can pay for a private lawyer though, if they wish.

The voters do not want public defenders providing free defense for illegals accused of an immigration crime.

Posted by Guest on Sep. 23, 2013 @ 9:32 am
Posted by anon on Sep. 23, 2013 @ 9:47 am

What's up colleagues, its great article about teachingand fully explained, keep it up
all the time.

Posted by Quyen on Jun. 02, 2014 @ 1:57 pm

isn't she just reaffirming how Sheriff Hennesy was handling this?
can't say that my heart bleeds too much for convicted child molesters and people involved in human trafficking

Posted by Guest on Sep. 18, 2013 @ 1:21 pm

Not just on this issue, of course. But he has been ducking everything since RossGate fizzled out.

It's good to see an arrogant abuser humbled by the outcome from his mistakes. No doubt he knows he will lose at the next election and doesn't want to burn his bridges as it's not clear who would employ him.

And without money coming in, his little drama-chicalita is so outta here.

Posted by Guest on Sep. 18, 2013 @ 1:31 pm

"I am afraid that in the process of trying to do the right thing, we're going to end up with unintended consequences,"

- David Campos

What "unintended consequences"?
Is not deporting an illegal alien child molester who goes on to molesting another child an "unintended consequence"?
Is not deporting an illegal alien drug trafficker who goes on to traffic more drugs an "unintended consequence"?
Is not deporting an illegal alien gang member with previous violent and weapons convictions who goes on to murder most of a family an "unintended consequence?"

Most people I know would consider those "totally foreseeable possibilities". Actually, that should be "probabilities".

Posted by Guest on Sep. 18, 2013 @ 1:52 pm

So if you are here illegally and your name and finger prints turns up as such, you shouldn't be held because you have the right to be here illegally?

Interesting.

Posted by Matlock on Sep. 18, 2013 @ 5:32 pm

rights and protections granted by the Constitution to CITIZENS.

Posted by Guest on Sep. 18, 2013 @ 5:46 pm

"There are several amendments to the Constitution that grant rights to all people, regardless of their status in the United States, and apply equally to immigrants in their encounters with DHS [and ICE] and police officers... A few of these key provisions are discussed below.

Fourth Amendment: Searches and Arrests. Every person has the right not to be unreasonably searched or seized by the government. A warrant for arrest or search can only be issued if there is probable cause that a person has violated the law.

These Fourth Amendment rights must be respected by Department of Homeland Security (DHS) officials while confronting individuals regarding their immigration status. While the Immigration and Naturalization Act (INA) allows immigration officials “to interrogate any alone or person believed to be an alien as to his right to be or remain in the country,” they cannot legally just stop anyone and start asking questions. They must have a good reason to ask that particular person about his or her immigration status.

Government officials cannot legally stop or demand papers from a person solely based on his or her skin color, ethnic appearance, or accent. This type of profiling has been deemed to be unreasonable and thus unconstitutional.

Further, if law enforcement officials attempt to enter your house, you have a right to ask for and to see a warrant.

Fifth Amendment: Right to Remain Silent and Right to “Due Process” of Law. No one can be forced to be a witness against herself or himself in any criminal case. The right to remain silent comes from this Amendment. This means that immigrants are under no obligation to tell law enforcement officials where they were born or how they entered the United States. However, immigrants should neither lie nor present false documents. Everyone has the right to refuse to answer all questions, to refuse to sign all documents, and to request an attorney.

The Fifth Amendment guarantees that no person can be deprived of life, liberty, or property without due process of law. This means that when arrested and facing criminal charges, immigrants have the same rights as U.S. citizens.

Sixth Amendment: Right to Counsel and Speedy Trial. In all criminal prosecutions, the accused, regardless of immigration status, has the right to a speedy and public trial by an impartial jury. The accused also has the right to be informed of the charges against him or her and to confront witnesses. All parties to a criminal prosecution also have the right to be assisted in his or her defense by an attorney, and the right to have one appointed if they cannot afford one.

Fourteenth Amendment: Equal Protection. Equal protection under the law must be given to any person affected by actions of a local or state government. This means that people in similar situations should be treated equally under the law."

http://www.murrayadvocates.com/constitutional-rights-of-undocumented-imm...

Posted by Guest on Sep. 21, 2013 @ 8:17 am

They don't get the right to be a citizen unless they go through the process.

Posted by Guest on Sep. 21, 2013 @ 8:24 am

We're talking about the constitution. And it turns out that the constitution has this nifty little thing called due process, which is a right held by all peoples regardless of documentation status.

Posted by Guest on Sep. 22, 2013 @ 2:56 am

Break the law and you will quickly find that you start to lose your constitutional rights, like your liberty.

Posted by anon on Sep. 22, 2013 @ 8:01 am

After reading your article I was amazed. I know that you explain it very well. And I hope that other readers will also experience how I feel after reading your article. I feel very grateful that I read this. It is very helpful and very informative and I really learned a lot from it.AC Repair in Mumbai

Posted by goldiehearn on Sep. 21, 2013 @ 1:34 am

Thanks for posting this info. I just want to let you know that I just check out your site and I find it very interesting and informative. I can't wait to read lots of your posts.

Posted by goldiehearn on Sep. 21, 2013 @ 1:35 am
a

a

Posted by Guest on Sep. 21, 2013 @ 8:18 am

Who is this "All"? Seven billion? We don't need to do this.

Posted by Guest on Sep. 25, 2013 @ 3:31 pm

hello kitty onesie
flying squirrel onesie
adult men women onesies,funny onesies,baby onesies, kigurumi pjs,animal costumes

Posted by animal onesie on Dec. 09, 2013 @ 7:12 pm

Buy Hot Animal Kigurumi Onesies Pajamas At Wholesale Price.
dinosaur onesie
stitch onesie

Posted by dinosaur onesie on Dec. 09, 2013 @ 7:33 pm

Buy Hot Animal Kigurumi Onesies Pajamas At Wholesale Price.
dinosaur onesie
stitch onesie

Posted by dinosaur onesie on Dec. 09, 2013 @ 7:36 pm

Wholesale Cheap Sexy Lingerie, Halloween Costumes, Clubwear And Corsets Manufacturers From China Suppliers.

Posted by Flapper Costumes on Dec. 10, 2013 @ 12:49 am

adult men women onesies,funny onesies,baby onesies, kigurumi pjs,animal costumes

Posted by animal onesie on Dec. 10, 2013 @ 5:32 pm

adult men women onesies,funny onesies,baby onesies, kigurumi pjs,animal costumes

Posted by hello kitty onesie on Dec. 10, 2013 @ 5:34 pm

Buy Hot Animal Kigurumi Onesies Pajamas At Wholesale Price.rilakkuma onesie
hello kitty onesie
flying squirrel onesie

Posted by hello kitty onesie on Dec. 10, 2013 @ 5:35 pm

Buy Hot Animal Kigurumi Onesies Pajamas At Wholesale Price.rilakkuma onesie
hello kitty onesie

Posted by flying squirrel onesie on Dec. 10, 2013 @ 5:37 pm

Wholesale leggings from China leggings Wholesalers. You can Online Wholesale tight leggings,Wholesale knitted Leather leggings and more, Best quality and Cheap price Jeggings in China.
Wholesale Legging
Wholesale Leggings
Wholesale Jeggings

Posted by Wholesale Jeggings on Dec. 16, 2013 @ 7:50 pm

Wholesale leggings from China leggings Wholesalers. You can Online Wholesale tight leggings,Wholesale knitted Leather leggings and more, Best quality and Cheap price Jeggings in China.
cheap tights for women
wet look leggings
wetlook leggings

Posted by cheap tights for women on Dec. 17, 2013 @ 1:44 am

Shop 2013 hot original Japanese Kigurumi animal onesies, Kigurumi animal pyjamas for men,women and baby are here to fit your coplay or costume.
animal onesies
totoro onesie
pikachu onesie

Posted by animal onesies on Dec. 18, 2013 @ 5:38 pm

Buy Hot Animal Kigurumi Onesies Pajamas At Wholesale Price.
dinosaur onesie
stitch onesie

Posted by animal onesies on Dec. 18, 2013 @ 5:55 pm

Post new comment

The content of this field is kept private and will not be shown publicly.