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Supervisor Campos introduces juvenile justice policy to limit automatic ICE referrals for undocumented youth
Summary
Supervisor David Campos introduced legislation intended to require judicial review before juvenile probation refers undocumented youth to federal immigration authorities; he framed it as balancing public safety with due process, and several legal and community organizations testified in support during public comment.
Supervisor David Campos introduced legislation aimed at changing San Francisco’s juvenile probation referral policy so that referrals to U.S. Immigration and Customs Enforcement (ICE) would not occur automatically but would instead follow judicial review. Campos said the proposal is intended to balance public safety with procedural protections for young people and to reduce unintended consequences that deter schools and communities from reporting crimes.
"This legislation strikes the right balance between the need to protect the public by reporting wrongdoing, but the recognition that we in California do accord children certain rights," Supervisor David Campos said on the floor. Campos told the Board the policy seeks to ensure courts, not automatic administrative referral, determine whether referral to federal immigration authorities is warranted.
Campos said the change responds to consequences seen since the city's prior policy shift: community members and school staff became reluctant to report crimes to police for fear that students would be referred to ICE, and some youth with minor or unresolved matters have already been referred. Campos named seven co-sponsors for the ordinance, including Supervisors John Avalos, David Chiu (President), Chris Daly, Bevan Dufty, Eric Mar, Sophie Maxwell and Ross Mirkarimi.
Multiple advocacy groups and legal organizations urged the Board to support the change during public comment. Angela Chan, staff attorney at the Asian Law Caucus, announced a legal memo prepared by the ACLU of Northern California, the Asian Law Caucus, the Immigrant Legal Resource Center, Lawyers' Committee for Civil Rights, Legal Services for Children and the San Francisco Immigrant Rights Defense Committee supporting the policy and stating it complies with local, state and federal law. Patty Lee, managing attorney of the Public Defender's juvenile division, told the Board her office had seen 17 undocumented youth brought into juvenile detention over the previous two months and said those cases illustrate the stakes behind the policy.
Campos asked for the mayor's continued engagement and said he hopes the mayor will see the ordinance as a balanced approach that preserves public safety while protecting youths' rights. The ordinance was introduced on the floor; the transcript records the introduction and public comment in favor but does not record a final Board vote at this session.
Background and context: Comments at the meeting highlighted that the policy debate had produced a public press conference earlier the same day attended by more than 70 organizations. Supporters emphasized due process, the presumption of innocence for juveniles, and the importance of maintaining school and community safety reporting channels.
