Letter to Jeh Johnson, Secretary of Homeland Security - Immigrant Criminals
Letter
Dear Secretary Johnson,
I urge you to undertake a full investigation regarding the circumstances surrounding Francisco Sanchez's presence in the United States and his history of interactions with the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE). Additionally, I write seeking a detailed explanation as to the department's interactions with law enforcement authorities in San Francisco regarding Sanchez's case.
This tragedy reinforces the importance of simultaneously pursuing strict enforcement of our current immigration laws while continuing to further secure our Southern border. Such efforts include doubling the number of border patrol agents on the Southern border, doubling the amount of fencing along the border, and continuously improving and deploying border surveillance and security technology. To further these goals, we must understand cases such as this one. We must answer hard questions so that we can remedy dangerous deficiencies and oversights in our current enforcement regime.
As you know, tragically, on July 1, Sanchez shot and killed an innocent woman in the heart of San Francisco. Sanchez-a convicted felon-subsequently told a local news station that he found a gun nearby and that it accidentally discharged three bullets. One of those bullets struck and killed an innocent bystander. Even prior to this incident, Sanchez was known to both local and federal authorities as an unlawfully present convicted felon who has allegedly been deported from the United States to Mexico on at least five occasions.
In the days since his arrest, Sanchez has indicated to authorities and news outlets that he sought refuge in San Francisco due to its "sanctuary" city status. A San Francisco ordinance allows holds only for people with violent records. According to media outlets and the San Francisco Sheriff's Department, Sanchez has reportedly been convicted of at least seven felonies.
In March, Sanchez was reportedly booked into the San Francisco County Jail on a decade-old drug-related warrant. The next day, those charges were dismissed in San Francisco County Superior Court. Despite his criminal alien status and an ICE "request" for notification from local authorities prior to his release from custody, Sanchez was released after local authorities confirmed that he had no active warrants and had completed a federal prison sentence on separate charges.
According to an attorney for the San Francisco Sheriff's Department, San Francisco's ordinance made Sanchez ineligible for an ICE detainer because he did not have "a violent felony conviction within the last seven years, or a probable cause for holding issued by a magistrate or judge on a current violent felony." According to an ICE spokesperson, Sanchez was released from local law enforcement custody even though ICE sought to hold him for deportation.
Certainly, authorities in San Francisco and other localities in which Sanchez came into contact with local law enforcement must take a hard look at their policies following this tragic incident. At the same time, DHS and ICE must reflect on their actions and revisit existing, or needed, authorities to remove criminal aliens. In addition to responses to the questions outlined below, I respectfully ask that you conduct a full investigation into the circumstances surrounding Sanchez's history of deportations and his presence in the United States on July 1, 2015.
Please provide answers to the following questions by Friday, July 17, 2015:
(1) When was Sanchez turned over to local law enforcement authorities in San Francisco? Why was he turned over to them?
(2) Did the San Francisco Sheriff's Department honor ICE's request for notification upon releasing Sanchez from custody? If not, did DHS otherwise have knowledge that charges against Sanchez had been dropped and that he was released by the San Francisco Sheriff's Department? If so, when did ICE become aware that Sanchez had been released?
(3) News outlets have reported that Sanchez has been convicted of at least seven felonies. Can DHS confirm this number? What felonies and in what jurisdictions?
(4) What federal crimes has Sanchez been charged with? On what federal charges has Sanchez been convicted?
(5) Does DHS or ICE coordinate with the U.S. Bureau of Prisons (BOP) when a criminal alien is scheduled to be released from prison? If so, in this case how did DHS or ICE coordinate or otherwise communicate with BOP officials related to Sanchez's release from prison? When?
(6) News outlets have reported that San Francisco wanted Sanchez on a drug warrant, and that ICE turned him over to local authorities following his completion of a federal sentence. Is this accurate?
(7) Pursuant to what federal law is ICE obligated or required to turn over a criminal alien to local authorities? What role does BOP play?
(8) Was ICE aware that San Francisco's ordinance made Sanchez ineligible for an ICE hold because he did not have "a violent felony conviction within the last seven years, or a probable cause for holding issued by a magistrate or judge on a current violent felony?" Did ICE have reason to believe otherwise?
(9) If ICE officials knew that Sanchez was not eligible for a hold under San Francisco's city ordinance-or that the request would not be honored under the plain reading of the ordinance-were assurances given or only requested that ICE be notified if Sanchez was released? If ICE officials did not know that Sanchez was ineligible for a hold under the city ordinance, why didn't they know?
(10) Did ICE complete a standard detainer form (Form I-247) to request formal notification prior to the San Francisco Sheriff's Department release of Sanchez from custody?
(11) Why weren't removal proceedings commenced immediately following Sanchez's completion of his federal prison sentence?
(12) Does DHS continue to view detainers as requests rather than mandatory? Would DHS support explicit Congressional action to restore detainers to mandatory holds rather than "requests" for notification upon an intent to release?
(13) When did DHS amend Form I-247 to clearly state that detainers are "requests" when the previous version of Form I-247 could have, and was, construed to require states and localities to honor detainers?
(14) In 2014, how many cases were there nationwide where ICE sought to hold an individual and local authorities did not honor that request?
(15) Would DHS support legislation to increase criminal penalties for illegally reentering the United States after deportation?
Thank you for your attention to these important matters.
Source