Rules Committee approves narrow DHS notification for single extradition case and sends ordinance to full Board

The San Francisco Board of Supervisors Rules Committee on Jan. 23 approved amendments clarifying a narrow agreement that would allow the district attorney and the sheriff to notify the U.S. Department of Homeland Security in limited circumstances to facilitate bringing an individual from Canada to the United States for prosecution.

The committee heard from Christine Sotto Deberry of the district attorney’s office, who said the DA had lodged a request to use the federal extradition process because the accused is currently in Canadian custody and ‘‘we were not able to identify another pathway’’ to bring the person here to face charges. Mark Nico, legal counsel for the sheriff’s department, said Sheriff Hennessy ‘‘does support our sanctuary city laws and does support the exceptions enumerated in those’’ and that the sheriff supports a narrow exception in this case to effectuate the extradition.

Supervisor Hilary Ronan, who introduced the amendments, described the measure as ‘‘a technical clarification’’ that permits the DA and sheriff to communicate with DHS ‘‘under 3 limited circumstances’’ — for example if the defendant posts bail, is acquitted, or if a probable-cause determination is not found. Ronan said the changes do not alter the city’s sanctuary law, noting the amendments also add a section to make explicit that Administrative Code chapters 12H and 12I are not being modified. ‘‘We are not in any way shape or form amending our our sanctuary law,’’ Ronan said.

Chair Supervisor Norman Yee asked for clarification of the federal role; Ronan and other supervisors framed the amendment as a response to new federal procedural requirements that have complicated extradition efforts. Supervisor Catherine Stephanie said she supported the amendments and asked whether the city had any alternate legal routes; Sotto Deberry reiterated that, because the person is in Canada, the city must work through the U.S. and Canadian federal governments and that no local alternative was identified.

By motion and with no objection, the committee accepted Ronan’s amendments and moved the ordinance to the full Board with a positive recommendation as amended. The committee record shows no public speakers opposed to the amendment during the meeting.

The full Board is scheduled to consider the ordinance at its Jan. 29 meeting.