Text and photos by Sarah Phelan
The City Attorney’s office has been trying to smoke out Russoniello for weeks on the city’s sanctuary ordinance.
And finally, US Attorney Joe Russoniello has replied in writing to City Attorney Dennis Herrera’s Nov. 10 request that Russoniello provide “reasonable assurance” that his office won’t prosecute local officials who follow the city’s new sanctuary policy.
And it seems that Russoniello’s answer is “no way,” though it’s qualified by conditions that suggest that the feds are only interested in deporting convicted juvenile felons, even as their policies rip innocent kids from their families.
“I have no authority, discretionary or otherwise, to grant amnesty from federal prosecution to anyone who follows the protocol set out in the referenced ordinance,” Russoniello wrote in his Dec. 3 letter to Herrera.
Meanwhile, a group of community advocates shared their concerns that the sanctuary legislation be duly enacted with City Attorney spokesperson Matt Dorsey (left) today. (See end of this post for further details.)
“We present a case for indictment when there is a reasonable basis for believing that a federal crime has been committed and a conviction can be obtained,” Russoniello wrote, noting that, ”not every case that meets this test is necessarily brought.”
“A number of factors may come into play… including, as you correctly referenced with respect to so-called ‘medical marijuana’ cases, our need to prioritize cases, given our limited resources,” Russoniello stated.
Under the city’s new sanctuary policy, juveniles will get their day in court before being referred to federal immigration authorities in an effort to prevent needless deportations.
This new policy, which takes effect Dec. 10, gives the city’s Juvenile Probation Department 60 days (Feb. 8, 2010) to figure out how to implement the new legislation.
But Mayor Gavin Newsom has said he intends to ignore the policy, claiming it violates federal law, as has Gabe Calvillo, president of the city’s probation officers union. They also cite a federal Grand Jury that Russoniello convened last year to investigate the actions of Juvenile Probation Department officers, who tried to repatriate Honduran teenagers accused of selling drugs, instead of referring them to the feds forl deportation.
City Attorney spokesperson Matt Dorsey listens as community advocates express frustration over Newsom’s comments that he intends to ignore the sanctuary legislation, even as Herrera has promised to aggressively defend the policy.
Russoniello has claimed that JPD’s former activities were tantamount to “harboring.” But that procedure was discontinued last year, and it won’t be reinstated, when the city’s amended policy kicks in, in February.
But while Sup. David Campos has repeatedly stated that his sanctuary policy amendments won’t shield anyone found guilty of a felony, Russoniello claims the new policy violates federal law, even as he admits that cases are typically prosecuted by his office in the belief that a conviction can be obtained, and on a priority basis.
Dorsey (second right) listens as Cynthia Muñoz-Ramos of the St. Peter’s Housing Committee (far right) requests that Herrera provide the local community with written assurances that the new sanctuary policy will be duly implemented.