Undocumented immigrants caught selling drugs in SF could be deported by federal agents

Wednesday, September 18, 2024
SAN FRANCISCO (KGO) -- San Francisco is caught up in the nationwide battle against the fentanyl crisis. The federal government's involvement in trying to stop the epidemic also means some suspected drug dealers could face the possibility of deportation.

San Francisco has been a sanctuary city since 1989. This means city employees are prohibited from using city funds or resources to enforce federal immigration policies.

Yet, once drug dealers are convicted in federal courts their case goes outside the city's jurisdiction and could lead to deportations.

2023 was San Francisco's deadliest year on record for drug overdoses over 800 people died according to the city's medical examiner. 2024 is trending down, but there are still close to 500 overdose deaths so far this year. This is leading to an increase in enforcement where even the federal government is getting involved.

MORE: Cautious optimism: San Francisco drug overdose deaths hit 4-year low

"We have been working hand in hand with them in order to address this overwhelming crisis that exist not just here in San Francisco but it's all over the world," said Mayor London Breed.



Mayor London Breed confirmed San Francisco continues to stand by its sanctuary city policy which means the city can't work with ICE on facilitating deportations, but the federal government still can deport drug dealers if they are undocumented.

"Fentanyl is killing people and our own sanctuary city policy in our city does not protect violent crime and the same with fentanyl. It is a violent crime specially if someone ends up overdosing and dying. The federal government is using this as a tool because they don't have the restrictions that we do in terms of our sanctuary city policy," said Mayor Breed.

Del Seymour is founder of the nonprofit Code Tenderloin. He says he's noticed more drug dealer arrests and that's led to improvements.

MORE: 1 month of San Francisco curfew enforcement on Tenderloin businesses: Is it working?

"They are doing more activities in the Tenderloin - we have noticed that in the last three months," said Seymour. "They are actually going out and intervening with drug dealers and drug transactions."



San Francisco's District Attorney Brooke Jenkins confirmed her office is heavily prosecuting drug dealers.

"I am grateful to all local, state and federal partners who have come together to share resources and work collaboratively to close open-air drug markets and to work to create safe neighborhoods for our residents and families," said DA Jenkins.

The DA has convicted 168 people and 96 guilty pleas in other cases this year. Their data shows 571 felony narcotics cases pending. They don't keep record of immigration status.

MORE: 3 men charged with drug dealing in Tenderloin extradited back to SF from Honduras

The nonprofit Central American Resource Center (CARECEN), which offers legal services to undocumented immigrants, wants the city to keep in mind it's duty as a sanctuary city.



"Sanctuary city in San Francisco also guarantees people's rights to due process. So, if somebody is charged with a crime they have the right to their day in court," said Lariza Dugan-Cuadra, Carecen executive director, "If somebody is acquitted after having their day in court and are found not guilty of the crime that they were charged with, they should be free to go."

After drug dealers are convicted, they must serve their time in federal prison. If they are undocumented, they can get deported.

We contacted the U.S. attorney's office to see if that is happening, they said they don't keep record of how many convicted drug dealers are getting deported.

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