Posted on 05/11/2007 9:28:28 AM PDT by DogByte6RER
SAN FRANCISCO
City is sued for failing to report noncitizens arrested for drugs
Activist contends police are breaking California law Leslie Fulbright, Chronicle Staff Writer
Friday, May 11, 2007
A San Francisco illegal immigration opponent has sued the city's police chief and police commissioners for failing to comply with a state law that requires officers to tell federal authorities about all suspected noncitizens who are arrested on drug charges.
Charles Fonseca, a 70-year-old Portola district resident who came to the United States from Nicaragua at the age of 9 and filed the lawsuit May 4, said he opposes amnesty for illegal immigrants, especially those who break the law after they get here.
"It is absurd that drug addicts don't get deported," Fonseca said. "This country welcomes immigrants. The illegal ones should get in line."
Fonseca's attorney David Klehm, who practices in Orange County and strongly opposes illegal immigration, filed similar suits against Los Angeles and San Jose in April. Police should take a more active role in rounding up illegal immigrants who break the law, he said.
Under federal immigration law, the U.S. Immigration and Customs Enforcement agency can move to deport anyone who is not a citizen, including legal permanent residents, on the grounds of a conviction for an aggravated felony.
The state law Klehm bases his complaint on requires police to report not only illegal immigrants but legal permanent residents and anyone else who is not a citizen who is suspected of a drug crime.
City Attorney Dennis Herrera, whose office will defend the city against Klehm and Fonseca's lawsuit, said through a spokesman Thursday that he is confident in the city's legal position. Herrera's office would not comment on whether police comply with the law.
"This is a cynical lawsuit that reflects the political aims...
(Excerpt) Read more at sfgate.com ...
Bttt!
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