Aug 5
SF supervisor says SFPD’s ICE answers ‘dodge responsibility’
John Ferrannini READ TIME: 6 MIN.
After city lawmakers asked the San Francisco Police Department to come up with a policy to address federal Immigration and Customs Enforcement activity, the interim police chief has answered one supervisor’s letter of inquiry to the department. But queer District 9 Supervisor Jackie Fielder stated that interim Police Chief Paul Yep’s answers are woefully inadequate.
“San Francisco can’t call itself a sanctuary city if local law enforcement stands by while ICE operates unchecked in our neighborhoods,” Fielder stated in a news release. “SFPD claims it will intervene in suspected kidnappings but refuses to acknowledge that ICE agents snatching people off the street might warrant the same scrutiny. They dodge responsibility by saying it’s not within their authority to compel purported ICE agents to identify themselves – even though departments like LAPD have taken steps to do exactly that.”
As the Bay Area Reporter previously reported, Fielder, who represents the city’s Mission district, sent a letter of inquiry to Yep, other law enforcement officials, and Mayor Daniel Lurie on July 14 after remarks were made by Deputy SFPD Chief Derrick Lew at a July 10 town hall meeting in the Castro.
The Board of Supervisors subsequently voted to approve a nonbinding resolution July 22 without committee reference asking the police department to come up with a policy of its own.
At the town hall, Lew, referring to a viral video in which the poster stated SFPD officers were facilitating an ICE operation by standing between federal agents and protesters, said the SFPD has to “draw the line so people don’t get hurt.”
In remarks that Fielder’s letter stated were “alarming,” Lew continued that, “I think we’re in this really difficult situation of, we don’t want the community to get hurt. On the other side of the coin … we can’t just sit by and watch our fellow law enforcement agent or officer get hurt. … Just like if [the California Highway Patrol] were to get into some sort of a situation out on our streets off of some other traffic stop, for example, we would help them out of that situation.”
Fielder asked in her letter a number of questions, including, “How does SFPD decide if it will deploy officers to an ICE enforcement operation?”, “What protocols exist for SFPD and SF Sheriffs in identifying legitimate federal immigration enforcement officers, including obtaining clear identification and proper credentials of federal agents?”, and “What are SFPD's policies regarding 9-1-1 calls made reporting incidents of kidnapping in broad daylight or suspected federal immigration enforcement?”
Fielder also mentioned that the Los Angeles Police Department recently adopted guidelines that direct officers to attempt to verify the identity of federal agents at the scenes of suspected federal immigration enforcement actions.
Fielder did not respond to an interview request as of press time.
Yep’s reply
On July 28, Yep – who had been Lurie’s public safety czar before being tapped earlier this summer to at least temporarily replace departed Police Chief William Scott – came out with his reply.
Yep began by reiterating the city’s decades-old sanctuary city law, stating that, “SFPD does not assist ICE in the enforcement of civil immigration laws.”
“If dispatch receives a call regarding a crime or a danger to public safety, dispatch will assign the call to SFPD officers who will respond. If there is any public safety concern for any reason in San Francisco, SFPD will respond,” Yep stated.
In reply to Fielder’s question about protocols that currently exist vis a vis identifying who is and isn’t a legitimate federal agent, Yep stated, “If SFPD receives a report of suspected impersonation of a federal agent or a kidnapping, it will respond and attempt to confirm if the individuals are engaged in lawful activity, including by attempting to verify or identify any federal agents. Federal regulations require immigration officers to identify themselves to arrestees when it is practical and safe to do so.”
“However,” Yep continued, “SFPD does not have the authority under federal law to compel compliance with these regulations and SFPD cannot interfere with the enforcement of federal immigration law.”
State and federal officeholders have introduced legislation in an attempt to prohibit agents from concealing their identities.
At the state level, gay state Senator Scott Wiener (D-San Francisco) has introduced Senate Bill 627, termed the No Secret Police Act. Its aim is to unmask the federal officers.
Corresponding federal legislation is being pushed by Senator Alex Padilla (D-California) and is termed the VISIBLE Act. Padilla was briefly detained in June by federal officials while attempting to question Homeland Security Secretary Kristi Noem at a Los Angeles news conference.
In reply to Fielder’s question about what policies exist regarding 911 calls reporting kidnappings that may be related to federal immigration enforcement, Yep stated, “Federal immigration enforcement is not classified as kidnapping under state and federal law and SFPD cannot interfere with the enforcement of immigration laws.”
As for the allegation of data sharing from the Standard, Yep stated the matter was “under review.”
For Fielder, the answers were evasive. In the release, she highlighted that she’d asked about a July 8 incident in which a Mission Local reporter found themselves with a rifle aimed at them by purported ICE agents in front of the immigration courthouse on Montgomery Street, where much of the federal immigration activity in the city has been focused.
“It is very interesting that SFPD couldn't put forth a good excuse for their failure to protect the journalist in the crosshairs of an ICE rifle on July 8th,” Fielder stated. “They simply stated ‘the incident on July 8, 2025 evolved quickly. SFPD is examining the incident.’ This answer does not engender trust in SFPD’s willingness to protect San Francisco residents in these dangerous situations and starkly contrasts with their statements about not being able to stand and watch if their fellow law enforcement agents in ICE get hurt.”
She also blasted the department for the revelation that the SFPD spent $229,807, and the sheriff’s department $120,960 on overtime for protests against ICE and President Donald Trump on June 8, 9, and 14. For reference, she claimed that less than $70,000 had been spent on overtime related to other protests for the entire period between January 1 and April 30.
Fielder’s release continued that the department “failed to clarify key details of their policy, including how they would attempt to verify the identity of impersonated federal agents, what their protocol is if a suspected kidnapper or ICE impersonator does not verify their identity, and what constitutes proper identification in the case of a suspected kidnapping.”
The B.A.R. reached out to Evan Sernoffsky, the director of strategic communications for SFPD, on July 29 to ask if the supervisors’ resolution asking SFPD to draft a policy is being considered, and if there’s a timetable for considering potential guidelines.
Sernoffsky responded July 30 that, “We are discussing guidelines and will let you know.”
The B.A.R. subsequently asked when these might be ready, what kinds are being considered, and who the “we” are doing the considering. Sernoffsky has not returned the B.A.R.’s request for comment; according to an emailed notice, he is on vacation.
Members of the San Francisco Police Commission didn’t return requests for comment for this report.
Reported ICE arrests dropped 20% nationwide, Axios reported.
Data sharing allegations
Fielder has also questioned whether SFPD had, against city policies, funneled data to federal agencies in violation of sanctuary laws, citing a report in the San Francisco Standard.
(Speaking to the B.A.R. last month, Sernoffsky denied that particular allegation, but did not speak to the other concerns Fielder raised except to say that, "SFPD does not cooperate in federal immigration enforcement. State and city law and our policy prohibits it. We are committed to building trust with our communities and we will always protect public safety.")
Fears of ICE agents, and reports in multiple media outlets that civilians are impersonating them in order to commit crimes, including sexual offenses, have skyrocketed since White House Deputy Chief of Staff Stephen Miller set a quota of 3,000 arrests per day for the agency.
On July 11, a federal judge ordered ICE to stop indiscriminate immigration sweeps in several Southern California counties, including Los Angeles, ruling that agents are arresting people without reasonable suspicion that they are in the U.S. illegally. The administration is attempting to stay the judge’s order.
ICE agents have been wearing masks, ostensibly to protect their identities from doxing. Law enforcement agencies such as SFPD are required to identify themselves.
The LAPD policy says that when interacting with masked people who may be ICE agents, officers should ask to speak to a supervisor and confirm they are, in fact, federal agents, all while recording the interaction on body-worn cameras.