ICE field director in California slams 'sanctuary laws' after latest courthouse arrest

After being criticized by district attorneys and public defenders for making arrests in and around courthouses in San Francisco and Sonoma County, a U.S. Immigration and Customs Enforcement field office director fired back on Monday saying his agency will not have its hands tied by sanctuary laws.

"For many years, the city and county of San Francisco has refused to cooperate with ICE, much to their own detriment," ICE San Francisco Field Office Director David Jennings.

According to various accounts, ICE agents arrested a man they say is a convicted felon on March 3 in front the courthouse steps as he was entering a San Francisco court.

"Criminals like this individual are released to re-offend again and again," Jennings said. "A simple phone call to ICE to arrange the secure transfer of such individuals would serve the hard-working residents of the city far more than a misguided sanctuary policy that, as proven here and numerous times in the past, goes to great lengths to protect criminals under the guise of protecting the citizenry."

One of those sanctuary laws is Senate Bill 54. It prohibits local police, sheriffs and jail officials from handing over immigrants to ICE, unless they have been convicted of serious felonies or other crimes, including burglary.

According to ICE, the person arrested is Alberto Uc Ponce, 43. He was convicted of six felonies including second degree burglary and shoplifting. ICE lodged nine immigration detainers for Ponce between 2014 and 2019. None were honored by local law enforcement, according to a statement released by ICE after the arrest.

ICE said in a statement following the arrest it lodges detainers on non-citizens who have been arrested on criminal charges and who ICE has probable cause to believe are removable aliens. The detainer asks the other law enforcement agencies to notify ICE in advance of release and to maintain custody of the alien for a brief period of time so that ICE can take custody of that person in a safe and secure setting upon release from that agency's custody.

"When law enforcement agencies fail to honor immigration detainers and release serious criminal offenders onto the streets, it undermines ICE's ability to protect public safety and carry out its mission," the statement reads.

Ponce's attorney, San Francisco Deputy Public Defender Emilou Maclean, said her client was never convicted of a violent crime and his arrest was not only concerning but illegal.

"He had a court hearing he was obligated to attend. He was arrested for doing the right thing, showing up at court," she said in a statement following her client's arrest.

"We know there is a confrontation here and that ICE is trying to take advantage of this confrontation," Maclean said in a phone interview Monday. "This moment requires us to insure we have a vigorous response to defend our community members as well as the integrity of our institutions."

While Maclean did not say exactly how her office would respond, she did say that Los Angeles-based U.S. District Judge André Birotte Jr. in Gonzalez v. ICE recently found ICE had violated individuals Fourth Amendment rights by using an unreliable data base as a probable cause for arrests. The ruling applies beyond the Central District because the entity that issues these detainers does so for all of California, Maclean said. According to the San Francisco public defender's office, ICE agents acted without a judicial warrant and therefore were in violation of state law.

"California law explicitly forbids a civil enforcement agency, including ICE, from making a civil arrest without a warrant outside a courthouse. ICE's illegal conduct undermines community trust and public safety," said San Francisco Public Defender Mano Raju. "This type of action scares people -- including victims, witnesses, the accused, or those participating in treatment -- and deters them from coming to court. San Francisco will not allow such egregious abuse of power to go unchecked; we will provide immediate and zealous representation to anyone subject to such illegal activity."

However, Jennings said, "This idea is simply a figment created by those who wish to undermine immigration enforcement and excuse the ill-conceived practices of sanctuary jurisdictions that put politics before public safety."

This is the second such incident to occur in three weeks. Last month at least two individuals were arrested outside a Sonoma County courthouse, signaling ICE's defiance of state sanctuary laws.

Signed by Gov. Gavin Newsom in 2019, Assembly Bill 668 says no person shall be subject to civil arrest in a courthouse while attending a court proceeding or having legal business in the courthouse. The bill, authored by state Assemblywoman Lorena Gonzalez (D-San Diego), also gives judges the power to prohibit activities that threaten access to courthouses, including by protecting people from arrest there.

After both arrests, Jennings has issued statements saying, "Our officers will not have their hands tied by sanctuary rules when enforcing immigration laws to remove criminal aliens from our communities."

District attorneys in San Francisco and Sonoma County have been irate over ICE's actions.

"ICE actions in or near our courthouses deter people from accessing our justice system, making us all less safe," San Francisco District Attorney Chesa Boudin said after the arrest.

In a recent statement, U.S. Attorney General William Barr supported ICE's arrests of people subject to deportation. "Unfortunately, in various jurisdictions, so-called 'progressive' politicians are jeopardizing the public's safety by putting the interests of criminal aliens before those of law-abiding citizens. They have put in place policies and laws designed to thwart the ability of federal officers to take custody of these criminals and thereby help them escape back into the community."

The sanctuary policies "are not about people who came to our country illegally but have otherwise been peaceful and productive members of society. Their express purpose is to shelter aliens whom local law enforcement has already arrested for other crimes. This is neither lawful nor sensible," he said.