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From: hpope on 18 Sep 2008 05:26 On Sep 17, 11:36 pm, Dave U. Random <anonym...(a)anonymitaet-im- inter.net> wrote: > http://www.sfgate.com/cgi- > bin/article.cgi?f=/c/a/2008/09/17/MNQK12R47M.DTL > > (09-16) 23:44 PDT San Francisco -- > > Nearly 30 percent of the felony offenders San Francisco juvenile > justice officials have reported to federal immigration > authorities since the city stopped shielding youths from > deportation have turned out to be adults, authorities say. > > The city's Juvenile Probation Department has referred 58 > offenders to federal authorities since Mayor Gavin Newsom > announced July 2 that the city no longer would protect youths > from deportation under San Francisco's sanctuary law. The mayor > took the step after The Chronicle revealed that the city was > paying for flights home and $7,000-a-month group homes for > underage, undocumented offenders, who as adults could face > prison and automatic deportation. > > <<M&R: Hundreds of adult illegals also got sanctuary>> > > Of those 58 offenders, authorities have concluded that 17 - or > 29.3 percent - were adults, based on immigration records and the > statements of offenders themselves, federal immigration > officials say. Most of the 58 were being held on drug-dealing > charges. > > "It confirms our early suspicion that adults were taking > advantage of the sanctuary policy in order to evade detection, > responsibility and prosecution for criminal behavior," said > Joseph Russoniello, the U.S. attorney for Northern California. > > Russoniello said adult illegal immigrants convicted of felonies > face almost certain deportation, but San Francisco's previous > policy of not reporting juveniles who had committed similar > offenses to federal officials encouraged offenders to "game the > system" and say they were underage. > > Advocates denounce change > Advocates for the immigrant youths say that just because some > offenders turn out to be adults does not mean the city should > report all juvenile immigrant offenders to the federal > Immigration and Customs Enforcement agency. > > "We believe all youth in the juvenile justice system in San > Francisco should be treated the same," said Renee Saucedo of La > Raza Centro Legal, a Mission District law center for the > immigrant community. > > "Adults are legally required to be turned over to immigration, > and that happens," Saucedo said. "But for fear of the system > being abused, we are now going to treat minors the same way as > adults. We don't buy it; we don't believe that immigrant youths > should be treated any differently than other youth. We believe > what the mayor is doing, his change in policy, is wrong. We see > him caving in to anti-immigrant interests." > > Saucedo added that "the benefits (of the sanctuary policy for > juveniles) far outweigh the potential for abuse. ... San > Francisco values people being able to live peacefully, > regardless of whether they are immigrants." > > Federal immigration officials say most of the offenders they > have determined to be adults either admitted they were over 18 > or had previously been caught crossing the border and the birth > dates they provided then confirmed they are adults now. > > Feds want access to jail > "There are people who are going to take advantage of the > system," said Tim Aitken, field office director for Immigration > and Customs Enforcement's detention operations in San Francisco. > "The key point is, we need to be able to do our job." > > He said federal officials should be allowed access to juvenile > hall and adult jail so they can check inmates' immigration > status more easily. > > Sheriff Michael Hennessey, however, has balked at providing more > access in the adult jail. He said that no law requires his > agency to allow federal officials to screen inmates, and that > the city's sanctuary ordinance requires San Francisco officials > to have a legal basis for helping the federal government track > down illegal immigrants. > > The national head of Immigration and Customs Enforcement, Julie > Myers, asked Newsom to intervene in the dispute in a July 23 > letter. "Absent access to this kind of information, ICE is > unable to effectively identify criminal aliens in sheriff's > custody and lodge the detainers necessary to prevent the release > of these criminal aliens back into the San Francisco community," > she wrote. > > The mayor's office has yet to reply. Nathan Ballard, a spokesman > for Newsom, said the city is drafting a response. > > Federal officials still happy > For all the back-and-forth over the issue, Aitken said, the city > officials' revised policy of referring juvenile offenders is > still an improvement over their former refusal to do so. > > In July, City Attorney Dennis Herrera reiterated a 1994 opinion > that nothing in the sanctuary city law provided protection for > juveniles who commit felonies. > > Among the 17 offenders found to be adults was Javier Martinez, > who claimed to be 16 when he was arrested for drug dealing. > Martinez was one of eight Hondurans the Juvenile Probation > Department put in unlocked group homes in San Bernardino County > who fled in June. When he was caught last month, he told > juvenile authorities that he was really 25 and his true name was > Jose Mendoza Cerrato. > > He is now in adult jail after pleading guilty to a drug charge > and is expected to be transferred to federal authorities when he > is sentenced Friday. > > Juvenile probation officials have said they are often forced to > trust offenders when they say they are underage. They say that > while courts can order dental examinations in an attempt to > determine an offender's age, the findings are inexact. > > Juvenile Hall less crowded > Probation officials feared that the Juvenile Hall population > would spike after Newsom changed the city's policy and barred > offenders from being put in group homes. In fact, the opposite > has happened. The average population at Juvenile Hall this month > has been 114, a 13.6 percent drop from the 132 in May. > > William Siffermann, the head of the Juvenile Probation > Department, said that such fluctuations are not unusual and that > "this slight reduction cannot be attributed solely or directly" > to the decision to turn over immigrant offenders for deportation. > > The Juvenile Hall population had been steadily increasing since > 2004, the year Newsom took office. That was also the year > Juvenile Probation Department officials expressly prohibited > staffers from reporting illegal immigrants to federal officials, > a ban that the agency had observed for more than a decade. > > Advocates for immigrant youths criticized Newsom and Siffermann > last year when the Juvenile Hall population hit a 30-year high > of 156. Authorities quickly acted to move offenders out of the > lockup, including a youth held in a weapons case who was > subsequently accused of murder. > > Caring for immigrant youths takes up a disproportionate share of > Juvenile Probation Department resources, because often they have > no local relatives to whom they can be released. Housing youth > offenders costs the city an average of $285 a day. Why be surprised since Uncle Sam has morphed into Uncle Suckermoff, friend of all non-Whites. mitch
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