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Sanctuary City Policy – Mayor’s Executive Directive 07-01 issued March 1, 2007 - 107129

Purpose

History of the Policy

Highlights of the Policy

Press Releases

Department Policies and Procedures

 

 

 


 

Purpose

To ensure that the City's immigrant population continues to use public services, regardless of immigration status.

 

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History of the Policy

In 1989, the San Francisco Board of Supervisors passed an ordinance making San Francisco a City of Refuge.  The ordinance was passed in response to the number of Central American immigrants fleeing Civil Wars in Guatemala and El Salvador.  The Purpose was to protect immigrants who were not given asylum despite the violence in their countries.

Full text of the 1989 City of Refuge Ordinance

 

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Highlights of Directive 07-01

No department, agency, commission, officer or employee of the City and County of San Francisco:

  • May assist Immigration and Customs Enforcement (ICE) investigation, detention or arrest proceedings unless such assistance is specifically required by federal law.
  • May require information about or disseminate information regarding the immigration status of an individual when providing services or benefits by the City and County of San Francisco except as specifically required by federal law.

 

Full text of the Directive 07-01

 

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Press Releases

3/1/07 – Mayor Newsom Issues Executive Directive Reaffirming San Francisco's Sanctuary City Status

2/13/07 – San Francisco Police Department Enforcement of Immigration Laws

5/1/06 – Mayor's Statement on the May 1st Peaceful Marches and Rallies in support of Immigrants' Rights

4/6/06 – City Officials and Community Leaders join Mayor Newsom in supporting Immigrant Rights

1/17/2006 – Board of Supervisors Resolution Condemning HR 4437

 

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Department Policies and Procedures

 

Airport

Unless otherwise required by federal statute, regulation or court decision, no employee of the Airport:

  • May require information about or disseminate information regarding the immigration status of an individual.
  • May assist Immigration and Customs Enforcement (ICE) investigation, detention or arrest proceedings

Nothing in this protocol shall prohibit authorized Airport staff from compliance with mandatory Security Directives issued by the Transportation Security Administration (TSA) that may require both the inquiry and reporting to specific federal agencies of the immigration or citizenship status of persons holding or applying for Airport issued identification media.

 

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Education Services (San Francisco Unified School District)

The US Supreme Court in 1982 ruled in Plyler v. Doe that public schools were prohibited from denying immigrant students access to elementary and secondary public education.

Enrollment Policy: SFUSD's enrollment procedure requests document of a child's birth date, family's home address and immunization records. However if a family is unable to produce these document, SFUSD will not deny enrollment to a student.

ICE School Visits: It has been the School District's practice when contacted by ICE for the request to be routed through the Superintendent's Office for review before a decision is made to allow access to a school.  ICE Document Request: Document requests by ICE are to be forwarded to the Legal Office which, in consultation with the Superintendent's Office, determines if the documents can be release to ICE.

 

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Emergency Management (911)

911 staff members shall not inquire, record, or document the immigration status or information regarding any individual in conjunction with immigration status.  Callers wishing to discuss or report immigration status of any person shall be advised to contact US Customs and Immigration Enforcement (ICE) directly.

According to the provisions of San Francisco Police Department General Order 5.15, Enforcement of Immigration Laws, police may provide backup assistance to ICE only when there is a significant danger of personal injury or serious property damage.

 

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Fire Department

The San Francisco Fire Department does not ask, note, collect, document, maintain or disseminate information on a person's immigration status in this country.  None of the information collected by the SFFD in any of its duties includes, infers or refers to a person's immigration or legal status in the United States.

 

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Human Services

County Adult Assistance Programs (CAAP) have a confidentiality policy which requires client authorization to release information to the US Citizenship and Immigration Services, among others.  Housing and Homeless Division has a policy regarding law enforcement access to DHS-funded shelters which states that immigration officials and enforcement officers cannot enter a shelter to take a person into custody for deportation purposes.

The following benefits programs all ask clients for information regarding their immigrant status. This is solely for the purpose of determining eligibility:

  • Medi-Cal
  • Food Stamps
  • CAPI
  • CALM (CAAP)
  • CalWORKs

To learn more about eligibility requirements for these programs, call 2-1-1.

 

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Police Department

Members of the SFPD shall not stop, question, or detain any individual solely because of the individual's national origin, foreign appearance, inability to speak English, or immigration status.  In the course of their duties, e.g. traffic enforcement, investigations, taking reports, officers shall not ask for documents regarding an individual's immigration status.  Members of the SFPD shall not enforce immigration laws or assist immigration enforcement agencies, officials, or officers in the enforcement of immigration laws.

Requests for Backup Assistance; Members of the SFPD may provide backup assistance to immigration enforcement agencies when there is a significant danger of personal injury or serious property damage. Otherwise backup assistance shall not be provided for routine operations and raids.

 

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General Hospital

All patients are processed the same way regardless of immigration status or ability to pay.  The hospital does not report the patients name or address as part of the billing record.

 

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Treasurer/Tax Collector (TTX)

TTX collects information on nationality, but not immigration status in regards to the issuance of passports.

 

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Last updated: 9/22/2011 11:30:32 AM