San Francisco

Justice Department Seeks Information on Oakland's Sanctuary Policy

The U.S. Department of Justice has sent a letter to Oakland Mayor Libby Schaaf seeking information about her city's sanctuary policy.

The letter from Jon Adler, the department's director of the Bureau of Justice Assistance, says the department is concerned that Oakland's policy may violate a federal law that bars local governments from preventing their employees from communicating with federal immigration agents.

Compliance with the law, known as Section 1373, is a condition of Justice Department grants to local governments under a program known as the Edward Byrne Memorial Justice Assistance Program.

Similar letters previously have been sent to other cities and counties, including San Francisco, Berkeley, Fremont and Watsonville and Contra Costa, Monterey, Santa Clara and Sonoma counties.

U.S. Attorney General Jeff Sessions said in a statement, "When cities and states enact policies that thwart the federal government's ability

to enforce federal immigration law, they choose to place the protection of criminal aliens over the safety of their communities."

"The Justice Department will not tolerate this intentional effort to undermine public safety and the rule of law, and I continue to remind all jurisdictions to reconsider policies that put their residents in harm's way," Sessions said.

Adler's letter asks for Oakland to submit a response by May 14 explaining whether Oakland has laws, policies or practices that violate Section 1373.

Adler wrote, "The department is concerned that the city of Oakland's laws, policies or practices may violate Section 1373, or, at a minimum, may be interpreted or applied in a manner inconsistent with Section 1373."

However, Adler said, "Please be advised that the department has not made a final determination regarding the city of Oakland's compliance with Section 1373" and the letter "does not constitute final agency action."

A spokesman for Schaaf said she has forwarded the letter to City Attorney Barbara Parker to review it. A spokesman for Parker wasn't immediately available for comment.

Adler's letter cites the Oakland Police Department's policy manual, which states, "Officers shall not share non-public information about an individual's address, upcoming court date, or release date with Immigration and Customs Enforcement (ICE) or Customs and Border Patrol (CBP).

Officers shall respond to an ICE or CBP request for non-public information only when a judicial warrant accompanies the request."

Adler said, "This appears to restrict the sending of information regarding immigration status, in violation of Section 1373."

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