"Washington, DC -- October 23, 2008
City Must Follow State Law Requiring Police Officers to Report Suspected Aliens Arrested on Drug Charges to Feds
Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that the First District Court of Appeal for the State of California has ruled in a Judicial Watch taxpayer lawsuit that the San Francisco Police Department must comply with a state law requiring police officers to notify federal authorities when they arrest a person for various narcotics offenses whom they suspect to be an alien, legal or illegal [Fonseca v. Fong, Case No. A120206].
The appellate court reversed a lower court ruling that the SFPD was not required to obey the law because the law in question, Section 11369 of the California Health and Safety Code, invaded the federal government's exclusive power to regulate immigration. "
"As a result of the appellate ruling, San Francisco must now end its sanctuary policy that protects aliens arrested for certain drug offenses from being reported to ICE."
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