In September, the city of San Francisco announced the 'Due Process for All' motion which will protect immigrants from being detained for crimes do not normally result in extended incarceration. The decision was made by the San Francisco Board of Supervisors. The ordinance exempts the city from a nationwide program called Secure Communities. Secure Communities is the program that requires the detainment of all arrested immigrants even after their jail sentence or their detainment should normally come to an end. This is so that the federal authorities can choose whether or not they would like to deport an illegal immigrant who has been arrested for a crime.

While Secure Communities is allegedly an effort to keep America safe and help keep crime rates down, the process has been slightly abused. The city of San Francisco has had enough of the constraints of Secure Communities and the alleged injustices that are a result of the Secure Communities system, Instead, they are arguing for "due process for all" whether a suspect is an illegal immigrant or an American citizen. In most of America, an immigrant who is arrested even for minor charges can be detained in an immigration detention center for potential deportation. While immigrants are supposed to be detained for a mere couple of days, there are times that the immigrants are detained for months while immigration courts decide their fate.

The due process for all program in San Francisco declares that unless an individual has a prior conviction for a serious crime, the authorities of the state do not have the right to detain that individual solely based on his or her immigration status. Serious crimes that make an immigrant eligible for further detainment include sexual assault, assault with a deadly weapon, murder, and trafficking.

The ICE maintains that stance that the Secure Communities program is a common sense way to carry out ICE priorities. Yet the supporters of San Francisco's new ordinance believe that the Secure Communities program discourages undocumented immigrants from reporting crimes at all. This is because many immigrants fear that they will be deported, and not many will be honest enough to admit that they have committed even a slight felony if there is the potential for months of detention and eventual deportation.

The Supervisor who authored the Due Process for All bill in San Francisco says that it is very common for perpetrators to threaten a victim with fear of deportation. In some cases, individuals that are trying to report a crime can even be arrested and deported. Victims of crimes like domestic violence will sometimes suffer the abuse rather than leave the United States. While this ordinance currently only applies to the city of San Francisco, it will doubtless serve as an example for others and will help other cities to consider creating their own 'due process for all' bills.

On a larger level, a statewide bill commonly known as the TRUST Act has already passed the state legislature and is awaiting the governor's signature. Unfortunately, the California governor has vetoed other bills of this nature in the past, so it is not certain whether or not it will be passed. If you have been detained wrongfully or are facing deportation in the United States, then contact a local immigration attorney to seek assistance. With the right lawyer there to help you, you will be able to get the legal defense that you need to prove your innocence. Hire a lawyer at a local immigration firm today to help you avoid deportation or fight for your rights and for 'due process for all.'