Herrera seeks ‘assurance’ over new law

City Attorney Dennis Herrera sent a letter Tuesday to U.S. Attorney Joseph Russoniello requesting “adequate assurance” that city officials or employees will not be prosecuted if they follow a new law adopted by the Board of Supervisors.

The letter was sent the day the Board of Supervisors voted 8-3 to overturn Mayor Gavin Newsom’s veto of legislation changing the city’s sanctuary policy.

The law prohibits city officials from reporting undocumented youths arrested on felonies to federal authorities for possible deportation. Under the law, they can only be reported if they are convicted of a felony or charged as an adult.

Herrera said that “if the U.S. Attorney’s Office does not provide us with an adequate assurance that it will not prosecute City officials or employees who would implement the amendment, my office may be compelled to explore with city policymakers other options regarding the implementation and enforcement of the amendment, including the possibility of filing a declaratory relief action in federal.” That action would force the federal court to rule whether the city law is legal. 

 

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