BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2333
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          Date of Hearing:   April 6, 2010
          Counsel:                Nicole J. Hanson


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                AB 2333 (Emmerson) - As Introduced:  February 19, 2010
           
           
           SUMMARY  :   Prohibits county probation officers from placing an  
          individual under his or her supervision, who is believed to be  
          undocumented, in a residential facility in another county.   
          Specifically,  this bill  :  

          1)Mandates that a county probation officer shall not place a  
            person subject to his or her supervision, who the officer has  
            reason to believe may be in the county illegally, in a work  
            furlough facility, halfway house, rehabilitation facility, or  
            similar residential facility located in any other county if  
            the person is subject to probation supervision because of an  
            offense that occurred in the probation officer's county.

          2)Allows placement of a person suspected of being in the county  
            illegally if he or she is a resident of that county.

          3)Provides that if the person is a minor, the aforementioned  
            does not apply to the placement of the minor in a county if  
            one of the minor's parents or legal guardians is a resident of  
            that county.

           EXISTING LAW  :

          1)Provides that probation services are an essential element in  
            the administration of criminal justice.  The safety of the  
            public, which shall be a primary goal through the enforcement  
            of court-ordered conditions of probation; the nature of the  
            offense; the interests of justice, including punishment,  
            reintegration of the offender into the community, and  
            enforcement of conditions of probation; the loss to the  
            victim; and the needs of the defendant shall be the primary  
            considerations in the granting of probation.  (Penal Code  
            Section 1202.7.)

          2)States that persons placed on probation by a court shall be  








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            under the supervision of the county probation officer who  
            shall determine both the level and type of supervision  
            consistent with the court ordered conditions of probation.   
            [Penal Code Section 1202.8(a).]

          3)Mandates that if a person is convicted of a felony and is  
            eligible for probation, before judgment is pronounced, the  
            court shall immediately refer the matter to a probation  
            officer to investigate and report to the court, at a specified  
            time, upon the circumstances surrounding the crime and the  
            prior history and record of the person, which may be  
            considered either in aggravation or mitigation of the  
            punishment.  [Penal Code Section 1203(b)(1).]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  : According to the author of this bill,  
            "Sanctuary cities are municipalities that do not use its  
            resources or funds to assist federal authorities with  
            immigration laws.  In California, a few cities have adopted  
            varying sanctuary city polices that protect suspected illegal  
            immigrants from being reported to the Immigration and Customs  
            Enforcement (ICE) agency.  This bill would prohibit these  
            sanctuary cities, whose policies are in direct violation of  
            federal law, from releasing suspected illegal immigrants who  
            have committed a crime to other counties.  

          "San Francisco has a sanctuary city policy that extends to  
            suspected illegal immigrants who are accused of committing  
            serious crimes.  At one time, San Francisco's juvenile  
            probation officials were flying illegal juvenile offenders  
            back to their homeland, rather then sending them to federal  
            authorities where they would face deportation and be banned  
            from ever coming back to the United States.  After federal  
            authorities learned of these flights, San Francisco  
            discontinued this practice and instead sent these illegal  
            youth offenders to group homes in different counties  
            throughout the state.  

          "In 2008, San Francisco sent eight young Honduran crack dealers  
            to an unlocked group home in San Bernardino County.  Within  
            days, all eight illegal offenders escaped from the group home,  
            causing a public safety hazard in San Bernardino.  The  








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            previous year, San Francisco sent four illegal offenders to  
            the same group home, where they also escaped shortly after  
            their arrival.  As of late 2008, many of these offenders were  
            still at large.

          "AB 2333 is a measure that would protect counties throughout  
            California by not allowing sanctuary cities to place suspected  
            illegal immigrant offenders in group homes or other similar  
            residential facilities outside of its jurisdiction.  This bill  
            will also ensure that law enforcement doesn't have to expend  
            its valuable resources on illegal offenders that were arrested  
            outside of their county."  
           
           2)Federal Preemption  :  Case law has recognized the preeminent  
            role of the Federal Government with respect to the regulation  
            of aliens within our borders.  [See, e.g., Mathews v. Diaz  
            (1976) 426 U.S. 67; Graham v. Richardson (1971) 403 U.S. 365,  
            377-380; Takahashi v. Fish & Game Comm'n (1948) 334 U.S. 410,  
            418-420 (1948); Hines v. Davidowitz (1948) 312 U.S. 52, 62-68;  
            Truax v. Raich (1915) 239 U.S. 33, 42.]  Federal authority to  
            regulate the status of aliens derives from various sources,  
            including the Federal Government's power "[to] establish [a]  
            uniform Rule of Naturalization" (U.S. Const., Art. I,  8, cl.  
            4), its power "[to] regulate Commerce with foreign Nations"  
            (Id., cl. 3), and its broad authority over foreign affairs.   
            [See United States v. Curtiss-Wright Export Corp. (1936) 299  
            U.S. 304, 318; Mathews v. Diaz, supra, at 81, n. 17;  
            Harisiades v. Shaughnessy (1952) 342 U.S. 580, 588-589.]

          "The Federal Government has broad constitutional powers in  
            determining what aliens shall be admitted to the United  
            States, the period they may remain, regulation of their  
            conduct before naturalization, and the terms and conditions of  
            their naturalization.  Under the Constitution the states are  
            granted no such powers; they can neither add to nor take from  
            the conditions lawfully imposed by Congress upon admission,  
            naturalization and residence of aliens in the United States or  
            the several states.  State laws which impose discriminatory  
            burdens upon the entrance or residence of aliens lawfully  
            within the United States conflict with this constitutionally  
            derived federal power to regulate immigration, and have  
            accordingly been held invalid."  [Takahashi v. Fish & Game  
            Comm'n, supra, 334 U.S. at 419.]

          Despite the fact that the power to regulate immigration is  








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            exclusively federal, the fact that a state statute simply  
            pertains to aliens does not render it, per se, preempted by  
            federal immigration law.  [De Canas v. Bica (1976) 424 U.S.  
            351, 354-356.]   In De Canas, the United States Supreme Court  
            held that a state statute related to immigration is preempted  
            by federal law if it is a regulation of immigration, which is  
            essentially a "determination of who should or should not be  
            admitted into the country . . . " or if it attempts to  
            regulate a subject matter with respect to which Congress has  
            intended to completely oust state power.  (Id. at 355-357.)

          This bill does not encroach upon the exclusivity of federal  
            immigration law.  As case law indicates, the exclusive  
            province of the Federal Government to regulate and enforce  
            federal immigration laws lies within the determination of who  
            should or should not be admitted into the United States.  This  
            bill does not regulate admission or deportation persons into  
            the United States; this bill simply prohibits county probation  
            officers from placing an individual under his or her  
            supervision who is believed to be undocumented in a  
            residential facility in another county.  

          Although, this bill does not encroach upon federal exclusivity  
            of federal immigration law, with regards to admission or  
            deportation, states are not encouraged to supply the INS with  
            information regarding undocumented persons unless specifically  
            asked to do so. This issue is discussed below.  

           3)Probation Officers Working as "Immigration Watchdogs"  :  This  
            bill increases the burden already incurred by overworked  
            probation departments by mandating that they prevent suspected  
            undocumented immigrants from obtaining treatment outside of  
            their jurisdiction.  With the increasing number of felons not  
            committed to state prison due to overcrowding and the  
            limitations imposed on commitments made to the Division of  
            Juvenile Justice (DJJ), all probation officers are faced with  
            increasing caseloads.  Probation officers play a vital role in  
            the criminal justice process by assisting in the  
            rehabilitation and reintegration of probationers.  This bill  
            hampers that goal by preventing suspected undocumented  
            immigrants from receiving the treatment they need. 

          Moreover, immigration laws are extremely complex and the  
            unavoidable mistakes made by ill-prepared law enforcement  
            officials in determining an individual's immigration status  








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            can be costly, resulting in lawsuits and protracted  
            litigation, especially if an individual is wrongly detained  
            because of assumptions about his or her immigration status.   
            [See, e.g., Soto-Torres v. Johnson (E.D. Cal filed August 30,  
            1999) CIV S-99-1695 WBS/DAD (County and federal officials paid  
            $100,000 to settle the case after the county probation officer  
            made an erroneous determination regarding plaintiff's  
            deportability which resulted in wrongful arrest and detention  
            of plaintiff by immigration authorities.).]  Litigation is  
            also ongoing in the U.S. District Court for the Central  
            District of California in Guzman v. Chertoff (C.D. Cal., filed  
            Feb. 27, 2008) No. 2:08-cv-01327-GHK-SS, a case brought  
            against Los Angeles County Sheriff's employees and federal  
            immigration agents by a U.S. citizen, Pedro Guzman, who was  
            deported upon the advice of a county employee.  Mr. Guzman,  
            who is developmentally disabled, was lost in Mexico for three  
            months following the improper deportation and is suing local  
            and federal authorities for damages. Thus, this bill subjects  
            counties to costly lawsuits by forcing probation officers to  
            make judgment outside their expertise, which inevitably leads  
            to erroneous referrals to federal immigration authorities.

          Lastly, the general policy of Immigration and Naturalization  
            Service (INS) with regard to states supplying information  
            about suspected undocumented aliens seems to discourage the  
            states from asking for that information when the INS does not  
            specifically request such information.  In Doe v. Miller (N.D.  
            Ill. 1983) 573 F. Supp. 461, the court invalidated a state  
            policy of demanding information about residency status from  
            undocumented aliens.  INS asked for the information only when  
            an applicant could not document his or her residency status  
            for a federal food-stamp program.  (Id. at 463.)  The  
            legislative history of the statute which required the names of  
            suspected undocumented aliens explicitly stated that INS did  
            not want the state workers acting as "outreach officers of  
            INS."  (Id. at 466.)  State case workers were informed that: 

               [T]he Committee expects the Secretary and the State  
               agencies to exercise special care to prevent potential  
               human abuse flowing from this reporting requirement.  
               Effective and efficient administration of this reporting  
               requirement demands the utmost in caution and concern for  
               human rights as well as sensitivity to the serious harm  
               caused by subconscious as well as conscious prejudice and  
               discrimination.  (Ibid.)








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            Hence, the instruction given by Congress stands as a clear  
            statement that the INS does not want the state acting as an  
            "immigration watchdog" for INS.  Congress recognized that if  
            the states had free license to report suspected undocumented  
            aliens, any person could fall under a state worker's  
            unwarranted scrutiny.  
             
           4)Suspected Undocumented Persons  :  The Constitution requires  
            that "[n]o person shall . . . be deprived of life, liberty, or  
            property, without due process of law."  [U.S. Const. 5th  
            Amend. (emphasis added).]  The Constitution also provides,  
            "nor shall any State. . . Deny to any Person within its  
            jurisdiction the equal protection of the laws."  [Id. 14th  
            Amend.,  1 (emphasis added).]  It seems significant that  
            "person" rather than "citizen" is the beneficiary of these  
            protections, adding weight to the contention that a  
            non-citizen is entitled to equal protection.  "[T]he Due  
            Process Clause applies to all 'persons' within the United  
            States, including non-citizens, whether their presence here is  
            lawful, unlawful, temporary, or permanent."  [Zadvydas v.  
            Davis (2001) 533 U.S. 678, 693; see also Landon v. Plasencia  
            (1982) 459 U.S. 21, 32-33 (noting that permanent resident  
            aliens are entitled to a high degree of due process,  
            approaching that accorded to citizens); cf. Rest.3d, Foreign  
            Relations Law,  701 (1986) ("A state is obligated to respect  
            the human rights of persons subject to its jurisdiction"); Id.  
             722 ("An alien in the United States is entitled to the  
            guarantees of the United States Constitution other than those  
            expressly reserved for citizens.").]

          A statutory classification that does not burden a suspect class  
            or infringe upon the exercise of a fundamental right must be  
            upheld against equal protection challenge "if there is any  
            reasonably conceivable state of facts that could provide a  
            rational basis for the classification."  [Federal  
            Communications Commission v. Beach Communications, Inc. (1993)  
            508 U.S. 307.]  Strict scrutiny applies where the  
            classification burdens a suspect class or fundamental right.   
            [Ibid.; City of Cleburne, Texas v. Cleburne Living Center Inc.  
            (1985) 473 U.S. 432).]

          Undocumented or "illegal" aliens are not a suspect class in an  
            equal protection analysis.  [Plyler v. Doe (1982) 457 U.S.  
            202, 219 n.19.]  The Supreme Court has observed that "entry  








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            into this class, by virtue of entry into this country, is the  
            product of voluntary action.  Indeed, entry into the class is  
            itself a crime."  (Ibid.)  The Court also expressed the view  
            that "those who elect to enter our territory by stealth and in  
            violation of our law should be prepared to bear the  
            consequences, including, but not limited to, deportation."   
            (Id. at 220.)  Thus, the government's different treatment of  
            aliens will "be upheld against equal protection challenge if  
            there is any reasonably conceivable state of facts that could  
            provide a rational basis for the classification."  [FCC v.  
            Beach Communications, Inc. (1993) 508 U.S. 307, 313.]

          In Lizarrago-Lopez v. U.S. (D. Cal.2000) 89 F.Supp. 2d 1166,  
            1170, non-citizen inmates were not permitted to take part in  
            home or community confinement programs.  The court concluded  
            that, under an equal protection analysis, legitimate policy  
            interests provided adequate grounds to uphold differential  
            treatment.  That court reasoned, "The United States has no  
            policy interest whatsoever in facilitating the re-introduction  
            of non-citizen convicts into foreign communities."  [Id. at  
            1170 (emphasis added).]  Lizarraga-Lopez's status is not  
            "likely to cause a fortuitous increase in the severity of his  
            sentence."  (Ibid.)  Other courts have held generally that the  
            denial of placement in a halfway house or home detention does  
            not significantly enhance the severity of a defendant's  
            sentence.  [Palafox-Barajas (S.D. Cal., Dec. 8, 1999) 1999 WL  
            1338451, at *2.]

          This bill is dissimilar from Lizarrago in that this bill  
            prohibits probation officers from placing suspected  
            undocumented probationers in a residential treatment facility  
            in a county outside the officer's county of jurisdiction.   
            Thus, no actual, legal determination of a person's status is  
            made. 

          Instead, this bill invites mass racial profiling as probation  
            officers are not trained or legally competent to determine an  
            individual's federal immigration status.  Instead, probation  
            officers would be forced to rely on whether a person looks or  
            sounds "foreign." This bill is silent as to how a  
            determination will be made into whether or not a defendant is  
            within the United States illegally.  State officials will be  
            compelled to rely on discriminatory characteristics suggesting  
            that an individual is foreign, i.e., name, accent, language  
            ability, or physical attributes. 








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          Population projections also show a growing Hispanic population  
            in this country.  The Bureau of the Census estimates that by  
            2050 Hispanics will constitute nearly 25% of the U.S.  
            population.  [See U.S. Dep't of Commerce, Current Population  
            Reports:  Population Projections of the United States by Age,  
            Sex, Race, and Hispanic Origin: 1995 to 2050 (1996) at 13  
            tbl.J.]  Each year, hundreds of thousands of persons of Latin  
            American ancestry are lawfully admitted to this country.  In  
            fiscal year 1997 alone, the United States admitted over  
            146,000 lawful permanent residents from Mexico.  (See 1997 INS  
            Statistical Yearbook, supra note 169, at 21 tbl.C.)  Over  
            640,000 Mexican immigrants in 1971-80, about 1.7 million in  
            1981-90, and over 1.8 million in 1991-97 lawfully immigrated  
            to the United States.  (See Id. at 26 tbl.2.)  In fiscal years  
            1988-97, nearly 600,000 Mexican immigrants naturalized and  
            became U.S. citizens.  (See Id. at 148 tbl.47.)

          In California, the southern border is one of the focal points of  
            U.S. immigration enforcement Hispanics comprised over  
            one-quarter of the state's population in 1990.  [See Stiles et  
            al., California Latino Demographic Databook (1998) 2-5  
            tbl.2.1.]  Hispanics constitute a large percentage, sometimes  
            even a majority, of the population in many localities on or  
            near California's Mexican border.  (See Id. at 2-32, 2-34.)   
            For example, in Imperial County, Hispanics constitute over 70%  
            of the population.  [See U.S. Dep't of Commerce, Population  
            Estimates for Counties by Race and Hispanic Origin: July 1,  
            1999 (1999).]

          Given the millions of Latinos residing lawfully in the United  
            States, "Hispanic appearance" holds little probative value in  
            determining whether a person lacks proper immigration  
            documentation.  In Equal Protection terms, the classification  
            is over-inclusive with respect to the ostensible goal of  
            identifying undocumented persons.  Like the proverbial  
            "dragnet," this bill punishes "the innocent bystander, the  
            hapless victim of circumstance or association . . . .  Such  
            classifications fly squarely in the face of our traditional  
            antipathy to assertions of mass guilt and guilt by  
            association."  [Thompson, Stopping the Usual Suspects: Race  
            and the Fourth Amendment (1999) 74 N.Y.U. L. Rev. 956, 957.]  

          This bill encourages arbitrary and unreasonable enforcement.   
            Under the Equal Protection doctrine, the Supreme Court has  








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            held that racial classifications are constitutionally suspect  
            and subject to strict scrutiny.  [City of Richmond v. J.A.  
            Croson Co. (1989) 488 U.S. 469.]  This bill treads in murky  
            constitutional water. 

           5)Common Misconception:  Immigrants Commit More Crime  :  In  
            February 2008, the Public Policy Institute of California  
            (PPIC) released a study, "Crime, Corrections, and California:  
            What Does Immigration Have to Do with It?"  PPIC is a private,  
            non-profit organization dedicated to informing and improving  
            public policy in California through independent, objective,  
            non-partisan research.

          The study was statistically based and examined the present  
            institutional population in California.  The study found that  
            immigrants are far less likely than the average United States  
            native to commit crime in California.  For example, among men  
            ages 18 to 40 (the age group most likely to commit crime),  
            United States-born inmates are 10 times more likely than the  
            foreign-born inmates to be in jail or prison.  Even among  
            non-citizen men from Mexico ages 18 to 40 (a group  
            disproportionately likely to have entered the United States  
            illegally), the authors find very low rates of  
            institutionalization.  Such findings suggest that longstanding  
            fears of immigration as a threat to public safety are  
            unjustified.  The entire study can be found at  
            http://www.ppic.org/content/pubs/cacounts/CC_208KBCC.pdf.   
           
           6)Argument in Support  :  According to the  San Bernardino County  
            Sheriff's Department  , "San Francisco has a sanctuary city  
            policy that extends to suspected illegal immigrants who are  
            accused of committing serious crimes.  In June 2008[,] San  
            Francisco sent eight juvenile Honduran crack dealers to an  
            unlocked group home in San Bernardino County (Yucaipa) without  
            notification.  Within days, all eight illegal offenders  
            escaped from the group home, causing a public safety hazard in  
            San Bernardino County. 

          "AB 2333 will also ensure that law enforcement doesn't have to  
            expend its valuable resources on illegal offenders that were  
            arrested outside of their county."

           7)Argument in Opposition  :  According to the  Asian Americans for  
                                                                                    Civil Rights and Equality  , "AB 2333 requires that probation  
            officers expend their limited resources investigating the  








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            immigration status of individuals, thus diverting probation  
            officers from carrying out their core duties of developing and  
            monitoring probation plans for individuals under their  
            supervision to ensure their rehabilitation and community  
            safety.  The added responsibility from this ill-conceived  
            policy will undoubtedly hamper the efficiency of probation  
            departments throughout California and exhaust already limited  
            local funds for federal immigration related purposes.  In  
            addition, individuals will be fearful of cooperating with  
            probation officers to develop and follow rehabilitation plans  
            if probation officers become de facto immigration officers,  
            thereby jeopardizing public safety. 

          "AB 2333 also is particularly problematic because it requires  
            probation officers to make judgments regarding an individual's  
            immigration status when probation officers are ill-equipped to  
            do so.  The International Association of Chiefs of Police  
            (IACP), the leading law enforcement association in the United  
            States, notes that '[i]mmigration law is very detailed and  
            complex . . . with one's immigration status not always being  
            easily ascertained' and therefore, '[s]pecialized training is  
            required to equip state and local officers with the basic  
            ability to determine whether persons they have encountered are  
            legal or illegal immigrants.' (John Firman, IACP, Police  
            Chiefs Guide to Immigration Issues 43-44 (Aug. 3, 2007),  
            available at  
            http://www.theiacp.org/Portals/0/pdfs/Publications/PoliceChiefs 
            Guideto Immigration.pdf.)  Accurately determining an  
            individuals immigration status, especially that of a minor's,  
            is a difficult task requiring training and experience in  
            immigration law. 

          "In addition, because the cost and time required for adequate  
            training is likely probative, probation officers will  
            inevitably make mistakes regarding determination of  
            immigration status and thereby subject counties to liability  
            through erroneous referrals.  As the IACP notes, '[e]ffective  
            training will likely be lengthy, requiring an extraordinary  
            commitment of agency resources.  Failure to train effectively  
            carries significant ramifications, risks and liability.'  (Id.  
            at 14.)  If AB 2333 were passed, it would open the door for  
            untrained probation officers to infringe on the constitutional  
            rights of individuals lawfully present in the county thereby  
            subjecting local and state agencies to costly lawsuits.  [See  
            Soto-Torres v. Johnson, CIV S-99-1695 WBS/DAD (E.D. Cal. filed  








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            Aug. 30, 1999) (County and federal officials paid $100,000 to  
            settle the case after the County probation officer made an  
            erroneous determination regarding plaintiff's deportability  
            which resulted in wrongful arrest and detention of plaintiff  
            by immigration authorities.)]  Litigation is also ongoing in  
            the U.S. District Court for the Central District of California  
            in Guzman v. Chertoff, Case No. CV-08-01327, a case brought  
            against Los Angeles County Sheriff's employees and federal  
            immigration agents by a U.S. citizen who was deported upon the  
            advice of a County employee.  Mr. Guzman, who is  
            developmentally disabled, was lost in Mexico for three months  
            following the improper deportation and is suing local and  
            federal authorities for damages.  AB 2333 subjects counties to  
            costly lawsuits by forcing probation officers to make judgment  
            outside their expertise, which inevitably leads to erroneous  
            referrals to federal immigration authorities. 

          "Finally, AB 2333 seeks to institute restrictions on probation  
            officers over a matter which they may have little or no  
            control.  Specifically, it requires that no individual who is  
            believed to be unlawfully present be placed in a residential  
            facility in another county.  Due to increasingly tight  
            budgets, many counties may not have the resources or capacity  
            to house individuals within their county, but rather must  
            place the individuals in other counties.  This practice is not  
            uncommon in a state with increasingly limited resources.   
            Governor Schwarzenegger, for example, under emergency  
            proclamation due to the prison overcrowding crisis, has  
            subjected some California prison inmates to involuntary out of  
            state transfers to serve the remainder of their sentences in  
            other states.  In addition, while probation officers may make  
            recommendations regarding placement of individuals in  
            residential facilities, in most cases, the court ultimately  
            makes the decision regarding placement based on availability  
            and suitability of the placement.  As a result, AB 2333 places  
            a heavy burden on probation officers that they cannot meet."

           8)Prior Legislation  : 

             a)   AB 1081 (Garrick), of the 2007-08 Legislative Session,  
               would required the Secretary of California Department of  
               Corrections and Rehabilitation (CDCR) to enter into an  
               agreement with the United States Department of Homeland  
               Security for ICE to train and authorize certain CDCR  
               personnel to perform functions relating to the  








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               investigation and processing of inmates who are illegally  
               within the United States.  AB 1081 failed passage in this  
               Committee.

             b)   AB 1882 (Garrick), of the 2007-08 Legislative Session,  
               would have required an arresting agency to report to ICE if  
               the arresting agency has reason to believe a person  
               arrested for driving under the influence of alcohol or  
               drugs is an illegal alien.  AB 1882 failed passage in this  
               Committee.

             c)   AB 2141 (Tran), of the 2007-08 Legislative Session,  
               would have required CDCR to verify the immigration status  
               of any new prisoner under CDCR's custody.  AB 2141 also  
               demanded that correctional officers to cooperate with ICE  
               in the verification and any deportation process for these  
               prisoners, and would provide that correctional officers  
               shall be trained in cooperation with ICE to conform with  
               laws and regulations pertaining to immigration and customs.  
                AB 2141 failed passage in this Committee.

             d)   AB 2418 (Huff), of the 2007-08 Legislative Session,  
               would have prohibited persons charged with specified  
               violent or gang-related felonies to be eligible for bail or  
               released on his or her own recognizance pending trial, if  
               at the time of the alleged offense, he or she was illegally  
               within the United States.  AB 2418 failed passage in this  
               Committee. 

             e)   AB 2420 (Huff), of the 2007-08 Legislative Session,  
               would have prohibited law enforcement or any local  
               governing body from adopting an ordinance or rule, or  
               otherwise implement a policy, that prohibits law  
               enforcement officers from initiating action to discover a  
               person's alien status or that prohibits a law enforcement  
               officer from arresting or booking a person for entering the  
               United States illegally.  AB 2420 failed passage in this  
               Committee.

             f)   AB 2422 (Huff), of the 2007-08 Legislative Session,  
               required CDCR to implement and maintain procedures to  
               identify inmates serving terms in state prison or wards of  
               the Division of Juvenile Facilities who are undocumented  
               aliens subject to deportation.  The CDCR shall refer to ICE  
               the name and location of any inmate or ward who has  








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               committed a violent felony or a gang-related felony, and  
               who may be an undocumented alien and who may be subject to  
               deportation.  AB 2422 failed passage in this Committee.

             g)   AB 332 (Bogh), of the 2005-06 Legislative Session, would  
               have provided that it would be the policy of California  
               that no law enforcement entity or any local governing body  
               may adopt any ordinance, rule, regulation or order, or  
               otherwise implement a policy that prohibits law enforcement  
               officers from initiating action to discover a person's  
               immigration status, or that prohibits a law enforcement  
               officer from arresting or booking a person for entering the  
               United States illegally.  AB 332 failed passage in this  
               Committee.

             h)   SB 1314 (Johannessen), Chapter 567, Statutes of 1994,  
               required state correctional agencies, within 48 hours of  
               establishing identifying information, to transfer  
               undocumented felons to the custody of the Attorney General  
               of the United States and required that evaluation and  
               classification procedures cease once identity as  
               undocumented felons has been established.  This law was  
               contingent upon enactment of federal legislation requiring  
               the United States government to imprison any undocumented  
               alien convicted of a felony in California in the federal  
               prison system.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California State Sheriffs' Association 
          Californians for Population Stabilization
          Peace Officers Research Association of California
          San Bernardino County Sheriff's Department

           Opposition 
           
          American Civil Liberties Union
          Asian Americans for Civil Rights and Equality
          California Immigrant Policy Center
          California Public Defenders Association
           

          Analysis Prepared by  :    Nicole J. Hanson / PUB. S. / (916)  








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