Appeals Court Strikes Down San Francisco´s Sanctuary Policy For Illegal Immigrants

On October 22, 2008, the First District Court of Appeal for the State of California ruled that the San Francisco Police must follow state law which requires police officers to contact federal authorities when they arrest anyone for a narcotics violation, when they suspect the person to be either a legal or illegal alien.

The appellate court ruling has reversed a lower court decision which claimed that San Francisco police officers were not required to comply with California state law, when arresting someone they suspected to be a foreign national.

The group Judicial watch filed the lawsuit against San Francisco Police Chief Heather Fong, on behalf of San Francisco resident Charles Fonseca.

Shortly after the ruling, Judicial Watch President Tom Fitton said: "This landmark ruling strikes at the heart of the sanctuary movement for illegal aliens. San Francisco and other sanctuary cities are not above the law. This court ruling exposes the lie behind the argument that state and local law enforcement cannot help enforce immigration laws."

The particular law in question, which provided the basis for the lawsuit follows:

Section 11369 of the Health and Safety Code (Section 11369) states: "When there is reason to believe that any person arrested for a violation [of any of 14 specified drug offenses] may not be a citizen of the United States, the arresting agency shall notify the appropriate agency of the United States having charge of deportation matters."

This ruling will now force San Francisco´s police chief to become compliant with state law and direct her officers to report all suspects whose immigration status is in question, when that suspect is arrested for drug violations. Given the fact that 90 percent of the illegal drugs sold in this country are brought in from Mexico, this ruling promises to be very effective in dealing with Latin American drug gangs, now responsible for a great deal of violence in California and beyond..

In San Francisco, on June 22, 2008, three members of the Bologna family were gunned down by Salvadoran national and gang member Edwin Ramos. Tony Bologna, 48, and his sons Michael, 20, and Matthew, 16 were shot to death by Ramos as they sat in their car on a crowded street, in the city´s Excelsior District.

Ramos who is a member of the notoriously violent drug gang known as MS-13, shot the Bologna family to death because Tony Bologna had temporarily blocked the car in which Ramos was traveling, as the two cars made their way through an intersection. The Bologna men were returning home from a family barbecue.

As a juvenile, Ramos had committed felony attempted robbery and assault.

Shortly after the shooting, the San Francisco Chronicle reported, Juvenile Probation Department officials, did not report Ramos to federal immigration authorities for possible deportation because of San Francisco´s stated sanctuary policy.

The devastated wife and mother Danielle Bologna is now suing the city of San Francisco over the sanctuary policy , which contributed to the death of her family.

This ruling comes too late to have saved the lives of the Bologna family, as well as thousands of other Americans who have lost their lives at the hands of illegal aliens. However, it is a positive step in forcing those sworn to "protect and serve" to actually do that for American citizens, and stop protecting those who enter this country only to victimize our citizens.