SAN FRANCISCO (KGO) --San Francisco police are being accused of turning in an undocumented man to federal agents last year in defiance of the city's sanctuary policy.
Figueroa, who is not a U.S. citizen, says he was arrested without cause last December after being contacted by the San Francisco Police Department that his stolen car had been located.
When he got to the police station, it was discovered he had a civil warrant for his arrest and Immigration and Customs Enforcement, or ICE, agents were waiting for him outside.
"We believe this is a violation, turning him over to ICE," said Zachary Nightingale, Figueroa's attorney.
The charge being leveled against local police by immigration rights attorneys, who say Pedro Zarzeno-Figueroa should never been arrested in the first place, a violation of San Francisco's sanctuary city ordinance.
San Francisco Supervisor John Avalos delivered an apology to Figueroa on, but the SFPD denied contacting ICE.
But Figueroa 's attorneys provided documents from the Department of Homeland Security, which show SFPD contacted an ICE duty officer on December 3, 2015, to say Figueroa was at the Southern Police Station.
Nightingale said, "In the absence of a criminal warrant, they should not be holding someone and communicating with ICE."
In a statement, Mayor Ed Lee, says he spoke with Department of Homeland Security officials recently to express his concern.
"I don't believe this is a pattern, but it can be, and if we're not careful about putting a firewall between local law enforcement and immigration," said Avalos.
The SFPD says they are launching an internal investigation.
Figueroa still faces deportation hearings in the future.