sanctuary.jpg

What — or who — is the law? In San Francisco, hard to say: by policy, we are a sanctuary city, which violates federal law. By policy, city authorities refer undocumented youth to immigration authorities, which violates city law.

Do you follow? Supervisor David Campos does not. The Harvard-educated former illegal immigrant wrote legislation, approved by the Board of Supervisors (who overrode a Mayor Gavin Newsom veto), which made it city law to only refer undocumented youth to immigration authorities if those youth are convicted of a felony.

Newsom hates the law, former Newsom legal advisor Kevin Ryan hates the law, and Chief Juvenile Probation Officer William Sifferman — whose job it is, theoretically, to uphold the law — hates the law, too. Sifferman told Campos on Tuesday that he will not enforce the law and continue to refer undocumented youth to immigration authorities. Campos responded by calling Sifferman out to City Hall, calling for a hearing wherein Sifferman will be asked to explain himself, in public, to the Board of Supervisors.

“It shows this juvenile probation department is not adverse to being in violation of the law,” said Campos, who noted that Sifferman would only meet with him with two attorneys present. “In fact, they seem to be proud of it.”

Whatever your stance on immigration, the situation presents a legal pickle, one that could end up on a final exam at UC-Hastings, and one that Campos was quick to label “unprecedented.”

“California law has made it clear that department heads don’t have the authority to ignore laws duly enacted because they don’t agree with them,” he said.

Exactly how many undocumented youth have been referred to immigration control is unclear; juvenile probation department officials won’t give up the number.

Expect some legal fireworks when this hearing takes place, sometime in March. What are legal fireworks, you ask? Better bring some Damages DVDs just in case.

Photo: IndyBay

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  • Greg Dewar

    The feds have made it clear that they will prosecute (or at least threaten to prosecute) any city official who abides by the city’s law (which of course does contradict, ahem, federal law). Will David Campos pay the legal bills for any city official who faces legal bills as a result of following city law (Which as we all know does not supersede federal law)?

    Just asking.

  • Greg Dewar

    The feds have made it clear that they will prosecute (or at least threaten to prosecute) any city official who abides by the city’s law (which of course does contradict, ahem, federal law). Will David Campos pay the legal bills for any city official who faces legal bills as a result of following city law (Which as we all know does not supersede federal law)?

    Just asking.

  • jujube

    Campos – wake up! Federal laws trump local or state laws! Better go get a refund on that harvard education of yours, it would appear you didn’t learn anything there!

  • jujube

    Campos – wake up! Federal laws trump local or state laws! Better go get a refund on that harvard education of yours, it would appear you didn’t learn anything there!

  • Chris Roberts

    It warrants mention that Proposition 215 violates federal law.

    So too does a “sanctuary city” violate federal law.

    Yet nobody — including the mayor — is asking for an end to either of those.

    Just sayin.

  • Chris Roberts

    It warrants mention that Proposition 215 violates federal law.

    So too does a “sanctuary city” violate federal law.

    Yet nobody — including the mayor — is asking for an end to either of those.

    Just sayin.

  • bloomsm

    Only the naive would believe that the Feds will lose this battle. Same is true for Prop. 215 Chris. Last I heard, ICE and the DEA still enforce federal law, and guess what, federal law still applies to San Francisco.

    If I were a Juvy P.O., I’d report early and often. I’d rather have a supervisor pissed off at me than a United States Attorney. You know which of the two is more powerful.

    Let me remind you of the Supremacy Clause of the U.S. Constitution (still good law in SF, last I checked):

    “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

  • bloomsm

    Only the naive would believe that the Feds will lose this battle. Same is true for Prop. 215 Chris. Last I heard, ICE and the DEA still enforce federal law, and guess what, federal law still applies to San Francisco.

    If I were a Juvy P.O., I’d report early and often. I’d rather have a supervisor pissed off at me than a United States Attorney. You know which of the two is more powerful.

    Let me remind you of the Supremacy Clause of the U.S. Constitution (still good law in SF, last I checked):

    “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

  • Robert F. protectionist

    Main question that comes to my mind is why isn’t this Campos screwball in jail for violating the 1996 IRA-IRA ( Illegal Immigration Reform and Immigrant Responsibility Act of 1996) ? Why aren’t his fellow city officials who also voted for sanctuary, thereby breaking federal law, in jail along with him ? Also, if Campos is a former illegal alien, did he violate the EWI law ? If so, that’s federal prison time too.
    Under IRA-IRA, sounds like Campos should be deported, and banned from ever coming back to the US. So what is a jerk like this, who has all this stuff on him, doing running around shooting his big mouth off ????????

  • Robert F. protectionist

    Main question that comes to my mind is why isn’t this Campos screwball in jail for violating the 1996 IRA-IRA ( Illegal Immigration Reform and Immigrant Responsibility Act of 1996) ? Why aren’t his fellow city officials who also voted for sanctuary, thereby breaking federal law, in jail along with him ? Also, if Campos is a former illegal alien, did he violate the EWI law ? If so, that’s federal prison time too.
    Under IRA-IRA, sounds like Campos should be deported, and banned from ever coming back to the US. So what is a jerk like this, who has all this stuff on him, doing running around shooting his big mouth off ????????

  • PortTabacco

    I have written to Traitor David Campos but he doesn’t even have the guts to
    reply to an email.

    He was an illegal alien so how was the jerk able to get into Harvard?

    This creep seems to have entered the U.S. for one reason—-to help the invasion
    of the United States by Mexicans.

    He is a solid BACKSTABBER!

    I HOPE HE LOSES HIS LEGALITY! FOR TREASON!

  • PortTabacco

    I have written to Traitor David Campos but he doesn’t even have the guts to
    reply to an email.

    He was an illegal alien so how was the jerk able to get into Harvard?

    This creep seems to have entered the U.S. for one reason—-to help the invasion
    of the United States by Mexicans.

    He is a solid BACKSTABBER!

    I HOPE HE LOSES HIS LEGALITY! FOR TREASON!

  • Augiestyles

    The mouse that roared! We out in America look on with amazement that such a ludicrous little man could hold sway over your entire city. Can’t anyone in SF see that this microbe* represents another country?

    *microbe/ an infectious agent/microscopic in nature

  • Augiestyles

    The mouse that roared! We out in America look on with amazement that such a ludicrous little man could hold sway over your entire city. Can’t anyone in SF see that this microbe* represents another country?

    *microbe/ an infectious agent/microscopic in nature