In Bologna v. City and County of San Francisco, published January 31, 2011, the First District Court of Appeal, Division 3 rejected an argument that the city could be held liable for the decedents' murders by an illegal alien (who was also a member of a gang) because the City had enacted "sanctuary policies" against reporting arrested illegal aliens to federal authorities. The plaintiffs contended that under Evidence Code section 669 (negligence per se) and Government Code section 815.6 (mandatory duty liability), Health & Safety Code section 11369 and 8 U.S.C. 1373 imposed a duty on the city to report arrested illegal aliens to federal immigration authorities. The court concluded that neither statute was intended to prevent illegal aliens from committing murder. Section 11369, which requires arresting agencies to report drug offenders whom they believe to be illegal aliens, was intended to combat the drug trade, not murders. Section 1373, which bars local governments from restricting public entities or employees from reporting to federal immigration officials, was intended to combat illegal immigration, not murder. That both statutes might have an incidental benefit in preventing violent crime was not enough.
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