Amid ongoing immigration enforcement by masked federal officials across the country — and after a highly publicized arrest of an immigrant mother by plainclothes ICE agents at San Francisco International Airport on Sunday — local legislators want San Francisco police to take action to identify these agents.
In coming weeks, supervisors Bilal Mahmood and Chyanne Chen plan to introduce a new city law that would direct police to confirm the credentials of any federal agents who are not readily identifiable, and to document that verification on their body-worn cameras.
“You have, increasingly, ICE officers and federal agents wearing plainclothes, [with] no readily identifiable information,” Mahmood told Mission Local.
At the same time, he said, concerns around transparency during immigration enforcement actions are rising.
The legislation, according to a statement from Mahmood’s office, aims to “reduce the risk of impersonation, prevent confusion in the field, and maintain public trust.”
San Francisco police are required to abide by the city’s sanctuary laws, which prohibit local law enforcement from assisting in the enforcement of federal immigration laws.
But on Sunday, when two ICE agents in nondescript black and gray clothing began pinning a Guatemalan woman to a bench in the middle of the airport terminal, more than a dozen San Francisco police officers lined up to form a barrier around the agents making the arrest.
Meanwhile, a crowd of bystanders could be heard on video asking the ICE agents to identify themselves, which they did not. SFPD officers, who were purportedly there in response to a 911 call, did not offer any answers, either.
Attorneys interviewed by Mission Local said the police response may have violated the city’s sanctuary city policy by abetting a federal immigration action.
Asked whether he believes the SFPD upheld the city’s sanctuary law, Mahmood said he, “like many of us,” had “concerns” and would await the outcome of an official investigation.
The new ordinance would be the latest in local efforts to push back against federal immigration enforcement.
Mahmood’s legislation for “ICE-free zones,” which prevents federal agents from commandeering city-owned spaces for enforcement, passed last month. In September, Sen. Scott Wiener passed the “No Secret Police Act,” state legislation banning certain law enforcement agencies from wearing face masks.
Shira Levine, a former San Francisco immigration judge fired by the Trump administration, said the unidentified ICE agents pose a “public safety risk,” and said the legislation would likely be helpful.
“We do have to know who is on our streets, and who is there in a law-enforcement capacity of any kind,” said Levine, who is now the deputy legal director of the Immigration Institute of the Bay Area. “It is important for the public to know if it’s an ICE event or an assault.”
Jon Abel, a criminal law professor at University of California Law, San Francisco, said the directive could also make agents safer.
During a violent arrest by agents who are not clearly law enforcement, Abel said, “a good Samaritan with a gun” could intervene in what they see as a crime. “Everyone will wish there had been more clarity.”
Currently, the SFPD has a protocol telling officers they “should, when safe and practical to do so, attempt to verify the credentials” of the lead agent during federal immigration enforcement encounters.
The recommendation was issued in an August department notice titled, “Response to Incidents Involving Federal Civil Immigration Enforcement.”
Mahmood and Chen hope to codify and strengthen the suggestion that SFPD identify federal agents by instead putting it into law.
“Requesting verification is a basic safeguard,” Mahmood said in his statement. “If someone is claiming federal authority in our communities, that must be confirmed and documented.”
The ordinance, Chen said, offers “more accountability and transparency” in incidents like Sunday’s at the airport, “to make sure the [police] department is upholding the law.”
Federal law always trumps state ad local law. The Supes passing a law that says otherwise is not worth a hill of beans as SCOTUS will reject it.
What makes you think there’s any federal law that conflicts with this?
ICE never before made a habit of taking people away while hiding themselves like criminals. No Congress ever made a law saying they should. And that was for good reason: when the police choose to look like criminals, any criminal can easily look like police.
Especially this SCOTUS.
Even the 9th Circuit ruled for the Feds in Idaho v. Horiuchi.
Mahmood needs to focus on his district, not immigration.
Mahmood has been taking admirable stands lately on ICE, Trump, and immigrants. Too bad he usually sides with real estate interests and the mayor on neighborhood issues that hurt D5 residents and small businesses.
“..arrest of an immigrant mother..” Yeah, an undocumented/illegal migrant. Actual journalism would distinguish among immigrants. ML could strive to be better than AP, NYT, and the rest of the legacy media that imbeds opinion/bias into news articles. How about it?
I don’t see the point of this. It’s an overreaction to a legitimate deportation of a woman who had a deportation order — since 2019.
If SFPD had reason to believe the men taking her into custody were not ICE agents, then they should have questioned them as possible assailants. Obviously they did not. At some point SFPD must have been satisfied with their credentials.
We get that progressives don’t want to see any illegal immigrants deported for any reason. But, that’s not the law of the land. That’s not what Americans voted for. And San Francisco is still supposed to follow US law, like it or not.
Police don’t typically check credentials in situations like this. But they should. This law is necessary.
How about SFPD arrest and the DA prosecute ICE for kidnapping?
Wow, the third article about this incident, and still nothing about the origin al 911 call that brought all of this about?
Thanks for reporting
Mahmood should be working 24/7 to get district 5 addressed
Lower Polk and Larkin remain one big drug containment zone
Was hoping he would be on it but residents here are not happy with what little change and focus he has done
Let others worry about ICE Help
Out the neighborhoods and persons who voted for you to help
Why is his district still a death camp run by organized illegal
Drug gangs .
You gotta admit,
It’s all exciting as hell.
Which is much better than boring.
If Kamala had won we’d all be snoozing.
These days you have to wake up ready to fight.
go Niners !!
h.