The parents of Kate Steinle, who was shot to death on a San Francisco pier by an undocumented immigrant, cannot sue the city for refusing to notify federal agents of the immigrant’s release from local custody 2 ½ months earlier, a federal appeals court ruled Monday.
San Francisco and its then-sheriff, Ross Mirkarimi, acted within their policy-making authority by deciding they would not advise immigration officials of an undocumented immigrant’s impending release from jail or keep the immigrant in custody for transfer to federal agents, said the Ninth U.S. Circuit Court of Appeals.
The court also said San Francisco’s policy did not violate federal law, which requires only that local officials share information with federal agents about the immigration status of local inmates. The 3-0 ruling was written by Judge Mark Bennett, an appointee of President Trump. During his 2016 presidential campaign, Trump called Steinle’s killer an “animal” and claimed the shooting showed the need for a wall at the Mexican border.
The judges also disagreed with the Trump administration’s interpretation of a federal law that requires cities and counties to share information with immigration officials about the “immigration status” of anyone in local custody. Contrary to arguments by the administration in other cases, and by Steinle’s parents in their suit, the law “clearly does not” require local governments to provide information about a migrant’s future release date, Bennett said.