S.F. set to pay for sanctuary law violation
San Francisco reached a tentative agreement to pay nearly $200,000 to a car theft victim turned over by police to federal immigration agents in violation of the city’s sanctuary ordinance.
Pedro Figueroa Zarceno, 32, sued the city in federal court in January, saying officers breached the ordinance and his right to due process by alerting U.S. Immigration and Customs Enforcement after he went to retrieve a police report about his stolen car at Southern Station on Dec. 2, 2015.
San Francisco prohibits workers from using city resources to assist in the enforcement of federal immigration law.
“I decided to file this lawsuit because of what I went through,” Figueroa said in a statement. “The city should be more careful and make sure that it doesn’t treat any of us the way I was treated. We are all human beings.”
Sanctuary laws like those in San Francisco have come under attack nationally, with the Trump administration seeking to punish cities that shield immigrants from deportation. City leaders stand by the policies — including the city attorney’s office, which negotiated the settlement that awaits approval from the Board of Supervisors.
“San Francisco has strong policies in place to encourage victims and witnesses to report crimes without fear of being deported, which include our sanctuary ordinance,” said city attorney’s office spokesman John Coté. “These policies are designed to foster respect and trust between law enforcement and residents to ensure our communities are safe.
“Given the inherent uncertainty and cost of litigation,” he said, “this proposed settlement is a fair resolution for all of the parties involved.”
Figueroa, a native of El Salvador, reported his car stolen in November 2015. When police alerted him that the car had been found, he went to get a police report so he could claim the vehicle from an impound lot.
Instead of getting his car back, Figueroa was led away in handcuffs and held in a detention center in Martinez for two months. During that time, authorities auctioned off his car, according to his lawsuit, which alleged false imprisonment and intentional infliction of emotional distress.
The Police Department opened an internal affairs investigation after Figueroa’s detention, but officials have not disclosed whether anyone was disciplined. The Police Commission has scheduled a discussion next week on the department general order regarding the city’s sanctuary policies.