Matt Dorsey, Herrera’s spokesperson, said that the city attorney would comply but did not specify when.
The law, which went into effect today, states that probation officers can only report youth booked on a felony to Immigration Customs Enforcement if a judge upholds the felony charge. At present, they are reported as soon as they are booked and charged with a felony.
“If allowed to stand, Mayor [Gavin] Newsom’s unilateral decision would have ramifications that go beyond the issue of sanctuary,” Campos wrote in a memo to Herrera. “It would undermine the democratic process that is at the heart of our system.”
Newsom, however, said that he will ignore the policy. Following suit is the Juvenile Probation Department, which released a memo saying it would continue following the current proposal until further notice.
Even though today is the day it becomes law, the implementation deadline, or the day the department has to follow it, is 60 days from now.
Juvenile Probation Department Chief William Sifferman said earlier in the month that the department would have talks with the City Attorney and the mayor on how to implement a policy that is “consistent with state and federal laws.”
Sheila Chung-Hagen, Campos’ legislative aide, said that the Juvenile Probation Department could start implementing the change today, but because they are waiting for direction from the mayor, the focus is on making the mayor implement it.
Immigrant rights advocates are also meeting with the city attorney on how to implement the policy and are also urging him to advise the mayor to implement it.
“They (immigration lawyers) are experts on immigration law so we are keeping the door open,” Dorsey said, adding that the city attorney is an elected official who has to meet with the public.
Dorsey added that it is the city attorney’s job to “defend the laws that were duly-enacted.” He said the city attorney cannot advise policy makers, in this case, the mayor, on whether to implement a policy or not.
The city attorney’s job is to inform policy makers on the law and tell them what the risk might be.
“Much hangs in the balance of your decision,” Campos wrote to Herrera.