How San Mateo Co.’s new sanctuary policy works, why some find it controversial

SAN MATEO COUNTY, Calif. (KGO) — The San Mateo County Board of Supervisors handed a sanctuary ordinance that goes into impact in late Could prohibiting the county from cooperating with Immigrations and Customs Enforcement with out a judicial warrant. However county constituents criticize a few of the statements made earlier than the vote, which drew extra controversy than the proposed laws.

“I am disturbed by you,” Sup. David Canepa stated to Sup. Ray Mueller. “You do not know something.”

San Mateo County has a code of moral conduct. Treating folks with respect and dignity is listed within the mission assertion. However that is not what folks witnessed in the course of the April 25 assembly.

For individuals who had been watching, it wasn’t the distinction in opinion that bothered them, however the way in which their elected leaders dealt with themselves. A number of constituents spoke as much as condemn the non-public assaults made by members of the board.

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“After the embarrassing and actually shameful show I noticed from the board, I scrapped my remarks,” a constituent stated in the course of the assembly. “I simply need to say that was embarrassing.”

“I’m appalled on the conduct of the remainder of the supervisors,” one other constituent stated, “It is simply disgraceful.”

From private assaults to false statements.

“What number of rapists and murderers have been turned over from ICE? Turned over from San Mateo County to ICE? Mr. Mueller?” Sup. Canepa requested Sup. Mueller. “You need to know? Zero. You need to know why? They’re at state jail.”

MORE: What knowledge exhibits about immigrants committing crimes in San Mateo Co. as sanctuary coverage vote passes

Public data obtained by the I-Crew discovered that between 2018 and 2021 there have been no less than 5 immigrants convicted of intercourse crimes and one other charged with pimping that had been transferred from San Mateo County to ICE. There have been no less than 39 folks transferred to ICE throughout these years that had been convicted of significant felonies starting from little one molestation, little one abuse, rape, kidnapping, grand theft, elder theft, assault, housebreaking, theft, and arson.

Supervisor Canepa denied our request to debate these knowledge factors. However we requested him earlier than the assembly a few examine printed by the Dept. of Justice that examined 191 little one molesters 15 to 30 years after their launch from a Canadian jail. The analysis discovered little one molesters with earlier sexual offenses had the best recidivism charge.

Stephanie Sierra: “Does that change your reply?”

David Canepa: “No. Look, Stephanie. That is not going to vary my thoughts.”

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The ordinance handed with a 4 to 1 vote. Supporters consider it would convey extra equality to asylum seekers and stop collusion from ICE. Supervisor Ray Mueller helps the intent of the ordinance however wished there to be three exemptions for folks convicted of homicide, rape, and little one molestation.

The California Sanctuary Act or SB54 lists dozens of exemptions that embrace critical and violent felonies.

Based on knowledge compiled by ICE, San Mateo County joins Santa Clara County, San Francisco County, Alameda County, Contra Costa County, Napa County, Santa Cruz County and Sonoma County which have adopted comparable sanctuary ordinances, resolutions, insurance policies, or actions over time. Together with greater than a dozen different Bay Space cities — together with San Francisco, San Leandro, San Jose, Santa Cruz, Santa Rosa, Richmond, Petaluma, Oakland, Hayward, Emeryville, Berkley, and Alameda.

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A lot of them nonetheless have exemptions for critical and violent crimes with out the necessity for a judicial warrant. For instance, the ordinance in Hayward permits police to work together with ICE and inform them of an undocumented immigrant’s launch if the particular person poses a public security risk.

In Emeryville, metropolis workers are prohibited from working with ICE if it includes sharing an individual’s immigration standing, however police can nonetheless work together with immigration authorities if there’s any hazard to the general public.

In San Francisco, the sanctuary regulation has 46 exemptions for native authorities to cooperate with ICE in sure circumstances, together with homicide, rape, theft, arson and carjacking.

Supporters of San Mateo’s sanctuary ordinance argue the amendments use victims of violence as an excuse to supply double punishment to immigrants by placing them by the hands of ICE. A person previously incarcerated when he was 14 spoke up about his transformation after his launch.

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“I obtained my GED, graduated from faculty and labored as a peer counselor,” he stated throughout public remark of the board assembly. “Due to this transformation I used to be eligible for launch, however was handed over to ICE and detained for over 18 months in ICE detention… that was the worst expertise of my life.”

Organizations like Silicon Valley Debug, which works on felony immigration circumstances, criticized Sup. Mueller’s exemptions as circumstances the place individuals are going through very lengthy sentences in jail.

“So this sort of worry mongering rhetoric that these people are in some way going to get out into their communities is inaccurate and deceptive,” stated Andrew Bigelow, an organizer with Silicon Valley Debug.

Immigration reform advocates, like Joaquin Jimenez, whose spent a long time advocating and dealing with native immigrant communities says that is not true.

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“There’s been circumstances the place folks get deported and so they come again — they arrive again to the identical communities,” Jimenez stated.

Victims of brutal assaults and sexual assaults additionally spoke up, defending Sup. Mueller’s amendments out of concern for public security, telling the board there are folks arrested for crimes that do not all the time go to trial or get an applicable sentence.

“I’ve lived in worry as a result of I have been a sufferer of abuse and the felony that did this to me remains to be right here,” stated one constituent. “So I’ve a query: are we going to permit these folks to proceed to do these sort of crimes?”

“I am a sufferer of sexual assault. As a sufferer, I can inform you all you need is the perpetrator as removed from you as doable,” one other constituent stated.

The San Mateo County Sheriff’s Workplace stopped cooperating with ICE in 2021. The brand new board ruling expands that coverage to ban all county departments, companies, and workers from utilizing any county funds to cooperate with ICE, together with offering the company with a person’s private data or entry to county amenities, except they’ve a warrant signed by a federal choose.

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How lengthy may that take?

“It may take as little as a half a day or it may take as much as three days,” stated Mark Reichel, who’s been a felony protection lawyer for 32 years.

Reichel says if there is a threat to public security there are situations to get an emergency warrant.

“In all situations when somebody is launched they’re both on parole or probation, which implies they’ve a parole officer supervising them, and it is their responsibility to observe and ensure there’s not recidivism,” Reichel stated.

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Knowledge obtained by the I-Crew exhibits a sample of recidivism or reoffending amongst immigrants in San Mateo County transferred to ICE from 2018 by way of 2021. Most of these people had been arrested many occasions earlier than — seven to twenty occasions.

San Mateo just isn’t the one county that has had controversy round amending sanctuary insurance policies. Lately, there have been failed efforts in San Jose after the high-profile homicide of Bambi Larsen and the Grace Baptist Church stabbings in 2020. Together with, most not too long ago, in San Francisco — after an modification was proposed that might’ve exempted protections from immigrants convicted of dealing fentanyl.

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