Daly City investigates arrest of immigrant
Undocumented man turned over to ICE after a routine traffic stop
Daly City officials on Wednesday said they will investigate a police officer’s arrest of Jose Armando EscobarLopez, an undocumented immigrant from El Salvador who was taken into custody during a routine traffic stop and turned over to Immigration and Customs Enforcement.
The announcement follows a Chronicle report Wednesday detailing the arrest of EscobarLopez, who was placed in deportation proceedings.
“Although this is an isolated incident, the city is nonetheless conducting a thorough investigation into all aspects of what led to Mr. Escobar-Lopez’s arrest and eventual transfer to Immigration and Customs Enforcement,” the city said in a statement. “If the investigation uncovers a violation of law or city policy, the city will take appropriate action.”
The state’s sanctuary law, SB54, implemented in 2018, largely prohibits police from cooperating with ICE unless
an individual commits a serious crime. EscobarLopez does not have a criminal record but had a 2017 deportation order that prompted a Daly City police officer to call ICE, despite SB54 protections, according to EscobarLopez’s attorney.
The city said it is reviewing Police Department policies to “ensure compliance” with SB54 and retraining all officers on the city’s sanctuary policies starting Monday to “ensure all our residents and visitors are appropriately protected from unlawful interactions with ICE.”
Officials did not elaborate on the consequences that the Police Department would face if the investigation reveals it violated sanctuary policies.
“It really depends on what the conclusions of the investigation are,” said City Manager Shawnna Maltbie.
Maltbie said Daly City Police Chief Patrick Hensley was first briefed on the May 11 incident on July 1 and that city officials determined “fairly recently” that they were going to launch an outside investigation.
“It’s not like it was just decided today,” Maltbie said Wednesday.
The City Council first learned about the incident during a closed session Tuesday night, she said.
EscobarLopez and his girlfriend, Krisia Mendoza, were driving home from church on May 11 when a Daly City police officer pulled them over. He said he saw EscobarLopez swerving in and out of lanes, according to City Attorney Rose Zimmerman.
EscobarLopez and Mendoza have contested the officer’s account and said he never gave them a clear explanation for pulling them over. Instead, he questioned EscobarLopez about his immigration status, the couple said.
The officer learned that EscobarLopez was driving without a license, and when he looked EscobarLopez up in a law enforcement database, he saw a 2017 deportation order for failing to appear in court, Zimmerman said.
After arresting him and taking him to the Daly City police station, officers notified ICE.
EscobarLopez, who has lived in the U.S. since 2015, was scheduled for deportation Wednesday but was granted an emergency stay of removal Tuesday by the Board of Immigration Appeals, which has temporarily prohibited the Department of Homeland Security from deporting him. The board will determine whether to reopen his case.
Hensley wrote letters to ICE and to the Board of Immigration Appeals asking for EscobarLopez’s release — a rare move that shows wrongdoing on the police department’s behalf, according to Jessica Yamane, EscobarLopez’s attorney.
Maltbie said the officer who arrested EscobarLopez is still on duty. She declined to comment on whether the city’s investigation will focus on his actions.
“I just think that this is a really unfortunate situation and we believe it to be an isolated situation,” Maltbie said.
“We want to put our community at rest. This is not the sentiment of our city at all, and we just want to put this to rest and make sure we do things correctly going forward.”