Amid ongoing immigration enforcement by masked federal officials across the country — and after a highly publicized arrest of an immigrant mother by plainclothes ICE agents at San Francisco International Airport on Sunday — local legislators want San Francisco police to take action to identify masked agents.
In coming weeks, supervisors Bilal Mahmood and Chyanne Chen plan to introduce a new city law that would direct police to confirm the credentials of any federal agents who are not readily identifiable, and to document that verification on their body-worn cameras.
“You have, increasingly, ICE officers and federal agents wearing plainclothes, [with] no readily identifiable information,” Mahmood told Mission Local. At the same time, he said, concerns around transparency during immigration enforcement actions are rising.
The legislation, according to a statement from Mahmood’s office, aims to “reduce the risk of impersonation, prevent confusion in the field, and maintain public trust.”
San Francisco police are required to abide by the city’s sanctuary laws, which prohibit local law enforcement from assisting in the enforcement of federal immigration laws.
But on Sunday, when two ICE agents in nondescript black and gray clothing began pinning a Guatemalan woman to a bench in the middle of the airport terminal, over a dozen San Francisco police officers lined up to form a barrier around the agents making the arrest.
Meanwhile, a crowd of bystanders could be heard on video asking the ICE agents to identify themselves — which they did not. SFPD officers, who were purportedly there in response to a 911 call, did not offer any answers either.
Attorneys interviewed by Mission Local said the police response may have violated the city’s sanctuary city policy by abetting a federal immigration action.
Asked whether he believes the SFPD upheld the city’s sanctuary law, Mahmood said he, “like many of us,” had “concerns” and would await the outcome of an official investigation.
The new ordinance would be the latest in local efforts to push back against federal immigration enforcement.
Mahmood’s legislation for “ICE-free zones,” which prevents federal agents from commandeering city-owned spaces for enforcement, passed last month. In September, Sen. Scott Wiener passed the “No Secret Police Act,” state legislation banning certain law enforcement agencies from wearing face masks.
Shira Levine, a former San Francisco immigration judge fired by the Donald Trump administration, said the unidentified ICE agents pose a “public safety risk” and said the legislation would likely be helpful.
“We do have to know who is on our streets, and who is there in a law enforcement capacity of any kind,” said Levine, who is now the deputy legal director of the Immigration Institute of the Bay Area. “It is important for the public to know if it’s an ICE event or an assault.”
Jon Abel, a criminal law professor at UC Law, said the directive could also make agents safer.
During a violent arrest by agents who are not clearly law enforcement, Abel said, “a good samaritan with a gun” could intervene in what they see as a crime. “Everyone will wish there had been more clarity.”
Currently, the SFPD has a protocol telling officers they “should, when safe and practical to do so, attempt to verify the credentials” of the lead agent during federal immigration enforcement encounters.
The recommendation was issued in an August department notice titled, “Response to Incidents Involving Federal Civil Immigration Enforcement.”
Mahmood and Chen hope to codify and strengthen the suggestion that SFPD identify federal agents by instead putting it into law.
“Requesting verification is a basic safeguard,” Mahmood said in his statement. “If someone is claiming federal authority in our communities, that must be confirmed and documented.”
The ordinance, Chen said, offers “more accountability and transparency” in incidents like Sunday’s at the airport, “to make sure the [police] department is upholding the law.”