“The July 1st murder of Kathryn Steinle has triggered a divisive national debate over the wisdom of local sanctuary laws and the effectiveness of the nation’s immigration policies.”
“San Francisco will vigorously defend any lawsuit brought by the Steinle family. Despite the striking factual similarities, there are meaningful legal distinctions between the two cases. First and foremost, a different San Francisco ordinance would be at issue in the Steinle case. That ordinance, enacted after the Bologna killings, appears to violate a federal law in that it prevents law enforcement officers from even having the discretion to honor an ICE detainer. The ordinance also conflicts with a state law, which would have vested the Sheriff with the discretion to hold Lopez-Sanchez pursuant to the ICE detainer. Second, there is likely evidence in the legislative record that the federal regulation and the state law were enacted, at least in part, to prevent violent criminal acts that are committed by a small percentage of undocumented immigrants following their release from custody. It is therefore not surprising that San Francisco officials are now pointing their fingers at ICE and others when asked why Lopez-Sanchez was released.
If a the Steinle’s lawsuit survived San Francisco’s anticipated legal challenges and the matter went to trial, then jurors might be outraged and could very well issue a verdict that sends an unmistakable message to the San Francisco officials who enacted the ordinance.”
Read the Full Legal Analysis here: