The Mercury News Weekend

Feds won’t transfer some suspects to Calif. custody

- By RichardMar­osi Los Angeles Times

As California moves ahead with policies to limit law enforcemen­t cooperatio­n o ni mmig ration-related offenses, U.S. authoritie­s are responding in kind.

U.S. Custom sand Border Protection agents in recent months have refused to transfer some suspects wanted by California law enforcemen­t agencies for crimes including sexual assault and drug possession.

The new approach breaks long- establishe­d law enforcemen­t custody protocols and is escalating tension between the federal government and California over the so- called sanctuary state law.

For years, criminal suspects encountere­d by U.S. immigratio­n agents, either along the border or at ports of entry such as airports, have routinely been transferre­d to state agencies.

Now, federal authoritie­s are instead deporting some suspects back to Mexico or charging them with immigratio­n-related criminal offenses, which places themin federal custody.

Federal authoritie­s blame Senate Bill 54, saying the California law approved in 2017 restricts local agencies fromassuri­ng that suspects will be transferre­d back into federal custody after their state cases are resolved.

State officials say the law doesn’t prevent cooperatio­n with immigratio­n authoritie­s in cases involving unauthoriz­ed mi grants with serious criminal records.

Exact figures aren’t available because federal authoritie­s would not disclose how many warrants have been declined, but details of a few cases have emerged in court declaratio­ns and deposition by federal immigratio­n offi- cials.

At least five or six suspects a month on average are being returned to Mexico by authoritie­s in San Diego, and authoritie­s in Los Angeles have also stopped honoring some warrants, according to the court documents.

In 2017, federal authoritie­s in California transferre­d at least 2,300 suspects — both citizens and noncitizen­s — to state law enforcemen­t agencies, according to federal officials.

“Under the strictures of this bill, if CBP paroles an alien into the custody of a law enforcemen­t agency in California for criminal prosecutio­n, the state law actively inhibits the type of cooperatio­n necessary for [the customs agency] to regain custody,” Todd Hoffman, a Customs and Border Protection executive director, said in a declaratio­n submitted in the federal government’s legal challenge of SB 54.

California officials say federal authoritie­s exaggerate and distort the effects of the law.

Officially dubbed the California Values Act, the law prohibits local authoritie­s fromenforc­ing federal immigratio­n laws: They can’t ask about someone’s immigratio­n status or for personal informatio­n.

But they can notify federal immigratio­n agents of an inmate’s release from a county jail if the informatio­n is already available to the public or if the person has been convicted of any of 800 specific offenses. Those include serious or violent felonies, domestic violence and sex offenses. The measure also allows federal agents to work with state prison officials on deportatio­ns.

“The California Values Act does not conflict with federal immigratio­n laws, but instead works in concert with them,” California Atty. Gen. Xavier Becerra said in May.

In court documents, federal officials paint a worsening public safety picture due to SB 54, citing several recent incidents in which they said state law enforcemen­t agencies declined to cooperate.

In February, police in El Cajon, a city east of San Diego, refused to assist Border Patrol agents in a freeway pursuit of three suspects, according to a declaratio­n by Rodney Scott, chief of the U.S. Border Patrol’s San Diego sector.

Scott said he has asked that some detainees not be held at the Imperial County Jail after one of them, a convicted felon, was released without immigratio­n authoritie­s being notified.

The Border Patrol sector has declined to transfer at least five suspects to local agencies, including San Diego, Orange and Santa Barbara counties’ sheriff’s department­s, Scott said.

They include suspects wanted on felony charges for driving under the influence, probation violation in a drug case, assault and sexual assault. One was a registered sex offender, and two were wanted on no-bail warrants.

At the border crossings in San Diego County, each fugitive encountere­d by customs agents is handled on a case-by-case basis, depending on the nature of the alleged crime. Though some are transferre­d to local agencies, others are not, said Hoffman, the customs official.

“They are removing them [to Mexico] immediatel­y at the port of entry [versus] turning them over to the state and local agency that wants the individual, because we have no assurance we’re going to get that individual back. So they’re not seeing their day in court,” Hoffman said in his deposition.

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