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Undocumented man sues San Francisco over breach of sanctuary law

Pedro Figueroa Zarceno, 32, is a resident of the Mission District of San Francisco. A native of El Salvador, he launched the lawsuit in the U.S. District Court for the Northern District of California on Tuesday. Figueroa is suing the city and county of San Francisco as well as various law enforcement officers alleging they breached San Francisco’s sanctuary law. Figueroa is claiming he was unlawfully imprisoned after the city breached its longstanding sanctuary city law. The 32-year-old is seeking unspecified damages for the intentional infliction of emotional pain.

Figueroa had been ordered deported in 2005 after he failed to show up for an immigration hearing in San Antonio, Texas. In November 2015 someone stole his car and he reported it to the San Francisco police. In early December 2015, police contacted him and told him his vehicle had been found. He then went to a police station to fill out the necessary paperwork to get his car back.

Police had discovered the deportation order and when Figueroa arrived at the station, officials from ICE were waiting. He was arrested and spent two months in custody before being released on bail. His car was sold by auction before anyone else could pick it up.

San Francisco’s sanctuary law was first enacted on Dec. 23, 1985. Resolution 1087-85 states immigration policy is a federal matter and federal employees, not those employed by the city, are responsible for enforcing that policy. Then-mayor Dianne Feinstein said undocumented immigrants should be able to use city services without being hassled and should be left alone as long as they are otherwise law abiding. One of these services is the ability of a victim of a crime like Figueroa to call the police without any immigration repercussions.

John Coté, a spokesperson for the city attorney’s office, said the office had not yet received the claim but stated San Francisco has strong policies in place to prevent people from being deported after going to the police for help. It is too early to know if any of the officers involved will be disciplined.

Figueroa was arrested months after the death of Kate Steinle. Steinle was shot to death on July 1, 2015 while walking on a pier with her father. Her suspected killer, Juan Francisco Lopez-Sanchez, was an illegal immigrant who was released from jail on a drug charges a few months before the killing. He was released despite a request by federal officials to detain him until they could pick him up.

Saira Hussein, with Asian Americans Advancing Justice and Figueroa’s attorney said police were probably influenced by Steinle’s killing.

The suit was filed just days before Donald Trump is due to be sworn in as the 45th president of the United States. Trump has pledged his administration will crack down on sanctuary cities like San Francisco.

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