By: Daniel Nardini
With the City of San Francisco short of money, city Sheriff Michael Hennessey decided to let all undocumented persons serving time in city jail for misdemeanors to be freed. The only reason these undocumented were in jail was at the request of U.S. immigration to check their immigration status. Hennessey caught a lot of flack for this decision from the federal government. Immigration and Customs Enforcement (ICE) said that this act was “unfortunate” and that it would put more criminals back on the streets.
No, this decision will not put more criminals back on the streets. As has been stated before these are people who have committed misdemeanors. The only reason they were in jail in the first place was because of their immigration status. If they were U.S. citizens or legal permanent residents they most probably would not be in jail at all. Usually for many misdemeanors a person has a day in court and if found guilty they would pay a fine. The only reason any undocumented were in jail was to verify their legal status under ICE’s controversial Secure Communities program.
I should explain that the Secure Communities program is for checking the immigration status of convicted violent offenders and felons. This does not include those who commit misdemeanors. Just as equally important is the fact that undocumented cannot be deported for misdemeanors. Sadly, ICE has been imprisoning and deporting people for misdemeanors that can be little more than traffic violations. This is in violation of federal law itself, but it has happened and there are growing cases of ICE deporting people for misdemeanors.
Sheriff Hennessey is well aware of this. Whatever he may think of the undocumented, he also has to uphold the law. He has to uphold city law which gives sanctuary to the undocumented. He has to also uphold state and even federal laws which state that the undocumented cannot be legally held in jail on their immigration status alone. ICE’s request that those undocumented be held in jail on misdemeanor charges so that their immigration status could be checked is not law. Hence, Hennessey made a lawful decision.
He also made a humane one. Remember, these people are also fathers and mothers, brothers and sisters, aunts and uncles who have legal families in the United States and also U.S.-born children. Yes, they made stupid mistakes, and they deserve to pay for it. But deporting them is making them pay twice for the same mistake. This is known as double jeopardy. There are too many times when the law is far from humane, and those who enforce it should show a human side. This one sheriff has shown some compassion, and I say bless him for it!
A Humane Decision
By: Daniel Nardini
With the City of San Francisco short of money, city Sheriff Michael Hennessey decided to let all undocumented persons serving time in city jail for misdemeanors to be freed. The only reason these undocumented were in jail was at the request of U.S. immigration to check their immigration status. Hennessey caught a lot of flack for this decision from the federal government. Immigration and Customs Enforcement (ICE) said that this act was “unfortunate” and that it would put more criminals back on the streets.
No, this decision will not put more criminals back on the streets. As has been stated before these are people who have committed misdemeanors. The only reason they were in jail in the first place was because of their immigration status. If they were U.S. citizens or legal permanent residents they most probably would not be in jail at all. Usually for many misdemeanors a person has a day in court and if found guilty they would pay a fine. The only reason any undocumented were in jail was to verify their legal status under ICE’s controversial Secure Communities program.
I should explain that the Secure Communities program is for checking the immigration status of convicted violent offenders and felons. This does not include those who commit misdemeanors. Just as equally important is the fact that undocumented cannot be deported for misdemeanors. Sadly, ICE has been imprisoning and deporting people for misdemeanors that can be little more than traffic violations. This is in violation of federal law itself, but it has happened and there are growing cases of ICE deporting people for misdemeanors.
Sheriff Hennessey is well aware of this. Whatever he may think of the undocumented, he also has to uphold the law. He has to uphold city law which gives sanctuary to the undocumented. He has to also uphold state and even federal laws which state that the undocumented cannot be legally held in jail on their immigration status alone. ICE’s request that those undocumented be held in jail on misdemeanor charges so that their immigration status could be checked is not law. Hence, Hennessey made a lawful decision.
He also made a humane one. Remember, these people are also fathers and mothers, brothers and sisters, aunts and uncles who have legal families in the United States and also U.S.-born children. Yes, they made stupid mistakes, and they deserve to pay for it. But deporting them is making them pay twice for the same mistake. This is known as double jeopardy. There are too many times when the law is far from humane, and those who enforce it should show a human side. This one sheriff has shown some compassion, and I say bless him for it!