Board adopts ordinance limiting local cooperation with federal immigration detainers

The San Francisco Board of Supervisors on Tuesday passed an ordinance restricting local law enforcement from detaining people solely on the basis of federal civil immigration detainers once they become eligible for release from custody.

Supporters said the measure is intended to ensure victims and witnesses feel safe contacting police. "Disentangling our criminal justice system from civil immigration enforcement so that all of our residents, regardless of their status, do not have to hesitate to call for help," Supervisor Avalos told the board during debate.

The ordinance as adopted includes amendments introduced by Supervisor Kim that narrow the circumstances in which a local agency may consider honoring an immigration hold. "The only time that law enforcement will even consider... honoring an immigration hold, is if the individual who's a subject of the hold has been convicted of a violent felony, human trafficking, felony assault with a deadly weapon, or the use of a gun in commission of a violent felony," Kim said while describing the two-part analysis required under the amendment.

Kim said the amendment also creates a seven-year look-back window for prior convictions (with expunged records excluded), requires officers to weigh evidence of rehabilitation, community ties, victim status and parental ties before deciding whether to honor a hold, and mandates an annual sheriff's report documenting instances in which the office exercised discretion. The amendment contains an expiration provision: the carve-out framework will expire after three years or upon the effective date of comprehensive federal immigration reform, whichever comes first.

Sheriff Ross Mirkarimi told the board his office had received the amendments shortly before the hearing and asked for follow-up consultation on operational details. "We just received the official amendments at 01:36 p.m. ... and we're doing our best to process them," the sheriff said, asking to coordinate before the ordinance's second reading so deputies on duty will have clear operational guidance.

Several supervisors who opposed broader carve-outs said they supported the amended measure as a compromise that would send a clear message to immigrant communities that local law enforcement is not acting as an arm of federal immigration enforcement. Supervisor Campos said the ordinance is "a victory for the immigrant community in San Francisco," while noting it was not a perfect solution.

The board approved the ordinance as amended on a roll-call vote of 11–0. The clerk announced, "There are 11 ayes," and the ordinance passed on first reading.

How it will be applied

- A two-part analysis governs whether a local agency may consider honoring an ICE detainer: (1) the person must meet the law enforcement criteria (convicted of one of a specified list of violent felonies or currently charged with such an offense) and (2) officers must consider mitigating factors (rehabilitation, community ties, victim status, parental responsibilities and similar factors) before exercising discretion. - A seven-year look-back for prior convictions applies; expunged convictions are not counted. - The sheriff's office must produce an annual report documenting instances when the office exercised discretion regarding immigration holds; a six-month report provision was added at a colleague's request. - The carve-out framework created by the amendments expires after three years or upon the effective date of comprehensive federal immigration reform.

What the ordinance does not do

The ordinance does not eliminate all collaboration between local and federal authorities; the approved language preserves collaboration permitted under local policy or city and state law, including joint criminal investigations, as specified in the amendments.

Next steps

The ordinance passed on first reading with unanimous support and will return for a second reading, by which time supervisors asked the sheriff and city attorneys to work with legislative staff to resolve operational questions and finalize implementing language.