San Francisco Skyline
BILL OF RIGHTS-- First Amendment - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.-- Second Amendment -A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed-- Third Amendment - No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law-- Fourth Amendment - The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.-- Fifth Amendment - No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.--Sixth Amendment - In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.-- Seventh Amendment - In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re examined in any court of the United States, than according to the rules of the common law-- Eighth Amendment - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted-- Ninth Amendment - The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people--Tenth Amendment - The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people--.
Taking the Fifth-A Criminal Law Blog
RSS icon Email icon Bullet (black)

  • SF SHERIFF REFUSES TO FULLY COMPLY WITH ICE’S SECURE COMMUNITIES PROGRAM

    Posted on May 9th, 2011 zshapiro No comments

    San Francisco County Sheriff Michael Hennessey is refusing to turn over those charged with minor misdemeanors to Homeland Security’s Immigration and Customs Enforcement (ICE) unit.

    ICE through its Secure Communities Program obtains the fingerprints of everyone who is arrested and places a detainer on undocumented immigrants.

    After former California Attorney General Jerry Brown agreed to join the Secure Communities Program, Sheriff Hennessey and the city of San Francisco attempted to opt out of the program but ICE refused to recognize local attempts to opt out.

    While Secure Communities is supposed to provide a method to deport those charged with serious felonies many immigrants charged with misdemeanors and infraction have been deported under the program.

    According to Sheriff Hennessey ICE detainers are not mandatory and he is free to ignore them. San Francisco is a Sanctuary City. As part of the Sanctuary City policy city officials are not supposed to cooperate with ICE in the deportation of those charged with misdemeanors. Sheriff Hennessey has developed a compromise between the Sanctuary City policy and ICE’s Secure Communities. He will not comply with the voluntary detainers in so far as they request those charged with minor misdemeanor such as petty theft, jay walking, or driving without a license, but he will comply with detainers when they are for those charged with major misdemeanors such as those dealing with violence, guns, or sex offenses.

    It seems to me, that while Sheriff Hennessey is taking a step in the right direction, if the detainers are not mandatory, he has a duty to fully comply with the Sanctuary City policy and not turn over anyone charged with a misdemeanor to ICE.id

    ICE, Immigration , , , , , , Leave a Reply

    Leave a Reply

 

May 2011
M T W T F S S
« Apr   Jun »
 1
2345678
9101112131415
16171819202122
23242526272829
3031  

Categories

lawyer blogs
Designed by My Mobiles