It’s too bad that Mayor Gavin Newsom’s communications director Nathan Ballard doesn’t seem to understand due process. At least not from an immigrant’s perspective.
I don’t say this lightly.
Ballard’s biography states that he is a former deputy city attorney, with a law degree from the University of California, Hastings. Whereas I’m just a lowly immigrant, who is under the impression that, in the United States, folks are assumed innocent until proven guilty.
But then along comes Ballard and tells me, yesterday, that I’m “wrong” in claiming that referring juveniles to federal Immigration Custom and Enforcement (ICE)—which is happening in San Francisco to youths are merely suspected of committing a felony and of being undocumented—raises due process questions.
If you don’t believe me–and I don’t blame you if you don’t, because it is hard to believe that this is happening in San Francisco with its huge immigrant communities–read the transcript of our exchange, which took place following the DCCC’s March 25 passage of a resolution that commits San Francisco to due process for all.
Phelan: “Nathan, following up on last night’s DCCC resolution in support of a Sanctuary City ordinance: Does the policy direction that Newsom ordered in 2008 guarantee due process for all?”
Ballard: “Yes. It was thoroughly vetted by the city attorney.”
Phelan: “I know the policy was vetted by the city attorney. But, as I understand it, juveniles are being referred to ICE without a hearing of any kind, which means, does it not, that due process is being denied?”
Ballard: “You’re wrong. Referral to ICE alone does not give rise to due process issues.”
If that’s not enough, check out the Examiner’s Ken Garcia, whose only source appears to be Ballard, framing the DCCC’s resolution as “one that demonized Mayor Gavin Newsom” and the more watered-down version as “one that said legal protections should not extend to people who commit violent felonies.”
But—and this really is the crux of the matter, folks—the problem with Newsom’s current policy is that it does not target folks who have been proven of committing a felony.
Instead, it targets folks suspected of, or charged with a felony.