Courthouse immigration arrests seen as ‘stalking’
San Francisco’s top legal officials joined the chief justice of the California Supreme Court in calling for federal immigration agents to refrain from “stalking” courthouses and arresting people who are in the country illegally.
City Attorney Dennis Herrera, District Attorney George Gascón and Public Defender Jeff Adachi released a statement Friday saying such arrests could jeopardize public safety. They were responding to reports of arrests at courthouses in Southern California, Oregon, Arizona and Texas, among other places.
“The work of our courts is critical to ensuring public safety and the efficient administration of justice,” the statement said. “Enforcement policies that drive victims away from the courthouses — whether they be victims of crime or unfair labor practices — undermine the administration of justice.”
Officials with U.S. Immigration and Customs Enforcement defended the arrests, saying they are undertaken “only after investigating officers have exhausted other options.”
The agency noted that many people apprehended at courthouses have criminal records and are increasingly not being turned over for deportation by local authorities. In San Francisco, sanctuary city laws prevent such cooperation.
On Thursday, Chief Justice Tani Cantil-Sakauye wrote to U.S. Attorney General Jeff Sessions and Department of Homeland Security Secretary John F. Kelly and said that she was concerned about reports from the state’s trial courts that federal agents appeared to be “stalking” unauthorized immigrants to make arrests.
“Courthouses should not be used as bait in the necessary enforcement of our country’s immigration laws,” Cantil-Sakauye wrote. “I respectfully request that you refrain from this sort of enforcement in California's courthouses.”
The pointed statements come as President Trump has called for more extensive immigration enforcement — and as nearly everyone who is undocumented has become a priority for deportation under new policies.
James Schwab, a spokesman for Immigration and Customs Enforcement, noted that it was safer for agents to make arrests inside courthouses because visitors are searched for weapons when they enter. He said decisions on arrests “are made on a case-by-case basis,” with agents taking into account factors that include a target’s criminal history and whether agents have solid leads on the person’s whereabouts.
“Now that many law enforcement agencies no longer honor (immigration) detainers, these individuals, who often have significant criminal histories, are released onto the street, presenting a potential public safety threat,” he said.
In the Bay Area, officials at the Santa Clara County, San Mateo County, San Francisco and Alameda County superior courts said they were unaware of any such arrests being made recently in their courthouses.
Court officials were supportive of CantilSakauye’s letter.
“The court shares the chief justice’s concerns and commend her for taking a strong stand on behalf of all Californians who rely on access to justice in our state courthouses,” said Ann Donlan, a spokeswoman for San Francisco Superior Court. “The S.F. bench will discuss potential (immigration) enforcement in San Francisco courthouses to determine what policy, if any, to adopt in response to the issue.” Hamed Aleaziz is a San Francisco Chronicle staff writer. Email: haleaziz@ sfchronicle.com Twitter: @haleaziz