On Nov. 10, the Board of Supervisors overrode Mistermayor’s veto of a new sanctuary policy that protects undocumented juveniles who are arrested on suspicion of felonies from federal immigration authorities. As of today — 30 days later — that law is officially in effect.
The Juvenile Probation Department now has 60 days (until Feb. 8) to “modify its policies and practices to comply with the provisions of this Ordinance to the extent permitted by state and federal law.”
In the meantime, Mayor Gavin Newsom’s position hasn’t changed: Because federal law prohibits shielding undocumented juveniles from federal authorities, no change in policy is expected anytime soon. Campos maintains that the mayor does not get to decide whether the ordinance conflicts with federal law. According to Campos, state law requires that the mayor fully enforce any local law that is not illegal on its face, and this one is not because it’s legally defensible.
Ultimately, this dispute has landed in the office of City Attorney Dennis Herrera. Matt Dorsey, press secretary for the city attorney, told me Herrera “is working cooperatively with attorneys from the immigrant rights community to forge a legal strategy to enable the law’s fullest possible force and effect.” Now that’s all very neighborly, but unless Mistermayor changes his mind, Herrera will eventually have to address the legality of Newsom’s approach to the sanctuary ordinance.
I asked mayoral spokesman Joe Arellano whether Mistermayor would follow Herrera’s advice if it meant enforcing the new law. His answer? “We’ll cross that bridge when and if we see a memo from the City Attorney’s Office.”
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