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Police Commission approves updated SFPD policy on immigration enforcement

San Francisco Police Commission · July 5, 2017
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Summary

The San Francisco Police Commission unanimously adopted revisions to Department General Order 5.15 to align SFPD practice with city sanctuary law, prohibit immigration-status questioning based on appearance or limited English proficiency, require training and supervisory approval for assistance to federal immigration agents in emergencies, and form a community-inclusive working group for further changes.

The San Francisco Police Commission on July 5 adopted a revised Department General Order (DGO) 5.15 updating SFPD's policy on enforcement of immigration laws to reflect current San Francisco Administrative Code provisions and department bulletins.

Chief William Scott told commissioners the draft incorporates language from department bulletins and administrative-code changes and is intended to reassure residents that "they can report crimes and cooperate with the SFPD without fear of any member inquiring into his or her immigration status." The written changes, the chief said, explicitly prohibit stopping, questioning or detaining people based on appearance, national origin or limited English proficiency, and bar officers from requiring documents to prove immigration status.

The revised order also sets procedures for handling requests from federal immigration agencies: SFPD members "shall not assist" Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) in enforcing immigration laws except to provide emergency assistance when there is a significant, immediate danger to public safety. In those limited cases, members providing assistance must notify supervisors and document the reason in an incident report; requests for operational assistance by ICE or CBP require approval by a Bureau deputy chief, the chief said.

The DGO requires department-wide roll-call training on the updated policy, written acknowledgement of review by members, and continued coordination with community stakeholders and the Department of Police Accountability to monitor compliance. Chief Scott said the Department will continue to meet with language-access and community groups and issue bulletins to help officers identify administrative warrants and to ensure consistent practice.

Public comment before the vote highlighted community concerns that prompted the revisions. Marissa Esparza of the Rapid Response Network described reports of joint task-force operations and alleged instances in which community members were questioned by officers and later turned over to immigration custody; she said in one incident officers would not identify their agency when asked. "When asking the officers what department they belong to, they stated that they were police," Esparza said, "and when I asked further which department, they refused to name the departments." Julia Dietz of Dolores Street Community Services said impersonation and "police ruses" by immigration agents have undermined trust and urged steps to prevent such tactics.

Commission debate emphasized balancing community trust and public safety. Commissioner Hing moved to adopt the draft language; Commissioner Marshall seconded. The commission approved the revised DGO by voice vote and accepted a proposal to form a working group including community stakeholders, the Police Officers Association (POA) and the DPA to consider further amendments. Commissioners discussed a time commitment for the working group of roughly three to four months for its initial work.

The adopted order preserves the city's sanctuary-policy baseline set by the Board of Supervisors and updates SFPD's internal procedures to match administrative-code changes and prior department bulletins. The working group will convene to take additional public comment and consider further drafting changes.

The commission moved into closed session after other agenda items; the DGO adoption was recorded in open session before the meeting's closed portion.