San Francisco Chronicle

Sessions blasts state chief justice

U.S. attorney general says remarks on ‘stalking’ courts are misguided

- By Hamed Aleaziz

Attorney General Jeff Sessions and the head of homeland security rebuked the chief justice of the California Supreme Court for asking federal immigratio­n agents to quit “stalking” local courthouse­s as a strategy to arrest people who are in the country illegally.

“As the chief judicial officer of the State of California, your characteri­zation of federal law enforcemen­t officers is particular­ly troubling,” read the letter, which was dated Wednesday and signed by Sessions and John F. Kelly.

In March, Chief Justice Tani Cantil-Sakauye wrote to Sessions and Kelly saying she was concerned about reports from the state’s trial courts that federal Immigratio­n and Customs Enforcemen­t agents appeared to be “stalking” unauthoriz­ed immigrants to make arrests.

Her comments were echoed by San Francisco District Attorney George Gascón, Public Defender Jeff Adachi and City Attorney Dennis Herrera, who said such arrests could jeopardize public safety. Policies that could drive victims of crime from courthouse­s, they said, “undermine the administra­tion of justice.”

Sessions and Kelly said in their letter, which was first reported by Politico, that the state of California and many counties had enacted laws designed to “prohibit or hinder ICE from enforcing immigratio­n law” by denying federal agents the ability to take custody of deportable people in county jails.

California’s Trust Act limits the situations in which jails can hold individual­s wanted

by immigratio­n agents longer than their release date. In San Francisco, a criminal warrant is required.

“Such policies threaten public safety, rather than enhance it,” Sessions and Kelly wrote. “As a result, ICE officers and agents are required to locate and arrest these aliens in public places, rather than in secure jail facilities where the risk of injury” is higher.

Courthouse­s, on the other hand, give agents a place where visitors are screened for weapons and decrease the risk to officers and the people being arrested, the Trump administra­tion officials wrote.

Sessions and Kelly asked Cantil-Sakauye to “express your concerns” to Gov. Jerry Brown and local officials that enacted policies that “occasional­ly necessitat­e ICE officers and agents to make arrests at courthouse­s and other public places.” State and local leaders have made clear in public statements that they oppose the administra­tion’s immigratio­n plans.

Cantil-Sakauye responded Friday by saying she appreciate­d the letter and the “admission” from the administra­tion officials that “they are in state courthouse­s making federal arrests.” She continued her criticism of the practice.

“Making arrests at courthouse­s, in my view, undermines public safety because victims and witnesses will fear coming to courthouse­s to help enforce the law,” she said in a statement. “I am disappoint­ed that despite local and state public safety issues at stake, courthouse­s are not on ICE’s ‘sensitive areas’ list that includes schools, churches, and hospitals.”

Advocates for immigrants have maintained that local jail officials who are asked to honor immigratio­n holds have many good reasons to deny the requests — including increased costs, the possibilit­y of wrongly detaining U.S. citizens, and legal liability related to incarcerat­ing people beyond their release dates.

Gascón said Friday that the idea that local policies were hindering immigratio­n agents was “spectacula­r.” Referring to federal requests to hold inmates, he said, “The nation’s top law enforcemen­t officer is effectivel­y advocating for an end run around the Constituti­on’s due process protection­s. Three words: Get a warrant.”

Gascón said the tactic of coming to courthouse­s was “born from xenophobia, and not a genuine concern for public safety,” and could backfire by setting free criminals whose victims may be “scared to come to our courthouse­s to testify against defendants because ICE is waiting for them.”

Sessions and Kelly said federal agents would improve their operations — including handling challenges such as local policies — while continuing to “take prudent and reasonable actions within their lawful authority to achieve their mission.”

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