BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1081|
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THIRD READING
Bill No: AB 1081
Author: Ammiano (D), et al.
Amended: 8/15/11 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 6/14/11
AYES: Hancock, Calderon, Liu, Price, Steinberg
NOES: Anderson, Harman
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 47-26, 5/26/11 - See last page for vote
SUBJECT : Ice Secure Communities Program: opt-in
authority for
counties
SOURCE : Asian Law Caucus
National Day Laborer Organizing Network
DIGEST : This bill (1) directs the Californias Attorney
General to modify the Memorandum of Agreement (MOA) with
the Department of Homeland Security regarding the
Immigration and Custom Enforcement's (ICE) Secure
Communities program to require counties to opt-in if they
wish to participate; (2) requires that counties opting-in
must prepare a plan to monitor the program for racial
profiling; (3) requires the modified MOA include specified
safeguards against racial profiling; (4) requires the
modified MOA to include an agreement that ICE post
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specified data on its website regarding the program; (5)
directs the Attorney General that, if she is unable to so
modify the MOA that she terminate it; and (6) states that
nothing in this bill is intended to modify the bureau's
existing, established procedures for submitting or
exchanging criminal justice information data with the
Federal bureau of Investigation.
ANALYSIS : Existing federal law authorizes the Secretary
of Homeland Security under the 287(g) program to enter into
agreements that delegate immigration powers to local
police. The negotiated agreements between ICE and the
local police are documented in MOAs. (8 U.S.C. Section
1357(g).)
Existing law provides that all protections, rights, and
remedies available under state law, except any
reinstatement remedy prohibited by federal law, are
available to all individuals regardless of immigration
status who have applied for employment, or who are or who
have been employed, within the state, and further provides
that, for purposes of enforcing specified state laws, a
person's immigration status is irrelevant to the issue of
liability, and prohibits in proceedings for discovery
immigration status except where the person seeking to make
the inquiry has shown by clear and convincing evidence that
the inquiry is necessary in order to comply with federal
immigration law. (Labor Code Section 1171.5.)
This bill requires the Bureau of Criminal Identification
and Information within the Department of Justice to modify
the MOA with the United States Department of Homeland
Security regarding the implementation of the ICE's S-Comm.
program in accordance with all of the following
requirements:
The modified agreement shall authorize a county to
participate in the S-Comm program only upon the
legislative body of the county submitting an authorized
written request to ICE's S-Comm. Program Executive
Director.
The modified agreement shall require a county that opts
to participate in the program, as, to prepare a plan to
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monitor and guard against racial profiling, discouraging
reporting by domestic violence victims, and harming
community policing overall. This plan shall be deemed a
public record for purposes of the California Public
Records Act.
This bill requires the modified agreement to include all of
the following limitations to the S-Comm. program:
Protections for crime victims including, but not limited
to, domestic violence victims.
Protections for juveniles.
An explicit limitation on the sharing of fingerprints
with ICE officials to only those individuals convicted,
rather than merely accused, of a crime.
This bill requires the modified agreement to include, but
not be limited to, all of the following safeguards against
racial profiling:
A prohibition against obtaining fingerprints for the
purposes of the S-Comm. program through the use of
checkpoints, and the stopping of individuals solely based
on perceived immigration status.
A requirement that the ICE establish a complaint process
that allows for expedited review of claims by those put
into immigration removal proceedings prior to conviction
as a result of the program.
This bill requires the modified agreement to include a
requirement that ICE make available to the public on its
Internet Web site quarterly statistics on the S-Comm.
program in this state that include the following metric
criteria:
Number of searches to Automated Biometric Identification
System (IDENT).
Number of matches to IDENT data.
Number of detainers issued by ICE based on Level 1, Level
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2, and Level 3 offense categories.
Number of detainers issued by ICE where charges are never
filed, are later dismissed, or where there is ultimately
no conviction.
Number of Level 1, Level 2, and Level 3 arrestees who are
transferred into ICE custody after being subjected to an
ICE detainer, where charges are never filed, are later
dismissed, or where there is ultimately no conviction.
Number of identified detainees prosecuted criminally in
federal and state court.
Number of identified detainees removed from the United
States.
Number of identified United States citizens and persons
with lawful status identified through the S-Comm.
program.
Nationality, age, and gender of individuals identified
and removed through the S-Comm. program.
This bill requires that if the bureau is unable to fulfill
the requirements of subdivision (a), it shall exercise its
authority under the agreement to terminate the agreement.
This bill states that nothing in this bill is intended to
modify the bureau's existing, established procedures for
submitting or exchanging criminal justice information data
with the Federal bureau of Investigation.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/15/11)
African Advocacy Network
Alameda County Board of Supervisors
Alameda Labor Council, AFL-CIO
Alliance of South Asian Taking Action
American Civil Liberties Union
American Friends Service Committee, Pacific Mountain Region
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American Friends Service Committee, San Diego
Arab Resource and Organizing Center
Asian Americans for Civil Rights & Equality
Asian Americans for Community Involvement
Asian Law Alliance
Asian Pacific Islander Justice Coalition
Berkeley City Council
California Immigrant Policy Center
California Labor Federation
California Public Defenders Association
California State Council of the Service Employees
International Union California Partnership to End Domestic
Violence
Californians United for a Responsible Budget
Canal Alliance
Causa Justa: Just Cause
Central American Resource Center
Centro Laboral de Graton (Graton Day Labor Center)
Centro Legal de la Raza
Chief of Police (Retired) Arturo Venegas, Sacramento
Chinese for Affirmative Action
City of Berkeley
City of San Pablo City Council
City of Watsonville
Coalition for Humane Immigrant Rights of Los Angeles
Community Action Board of Santa Cruz County, Inc.
Community Legal Services in East Palo Alto
Community United Against Violence
Congregations Organizing for Renewal and our Clergy
Coalition
Contra Costa Interfaith Supporting Community Organization
Council on American-Islamic Relations California
County of Santa Clara Board of Supervisors
Critical Resistance
Diocese of San Bernardino
Diocese of San Jose, Justice for Immigrants Steering
Committee
East Bay Interfaith Immigration Coalition
Enlace
Equality California
Filipino Advocates for Justice
Hayward Day Labor Center
Immigrant Legal Resource Center
Immigration Center for Women and Children
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Institute of Popular Education of Southern California
International Institute of the Bay Area
Iranian American Bar Association, Northern California
Chapter
Jewish Community Relations Council (Bay Area Counties)
La Raza Centro Legal, Inc.
Lawyers' Committee for Civil Rights of the San Francisco
Bay Area
Legal Services for Prisoners With Children
Los Angeles Federation of Labor, AFL-CIO
LYRIC (Lavender Youth Recreation and Information Center)
Mexican American Legal Defense and Educational Fund
Mujeres Unidas y Activas
National Center for Lesbian Rights
National Immigration Law Center
National Lawyers Guild San Francisco Bay Area chapter
National Network for Immigrant and Refugee Rights
Nicaragua Center for Community Action
Nuestra Casa
Oakland Community Organizations
Peninsula Interfaith Action
People Organizing to Demand Environmental and Economic
Right
PICO California
Pomona Economic Opportunity Center
PUEBLO Action Fund
San Francisco La Raza Lawyers Association
San Francisco Pride at Work and Horizontal Alliance of Very
Organized
Queers
San Francisco Sheriff
Services Immigrant Rights and Education Network
Silicon Valley Alliance for Immigration Reform
Silicon Valley Community Foundation
St. Joseph, The Worker Church Social Justice Committee
Street Level Health Project
Supervisor David Campos, San Francisco - District 9
Supervisor Doreen Farr, Santa Barbara - District 3
Supervisor Efren Carrillo, Sonoma - District 5
Supervisor Eric Mar, San Francisco - District 1
Supervisor George Shirakawa, Santa Clara - District 2
Supervisor Gloria Molina, Los Angeles - District 1
Supervisor Greg Caput, Santa Cruz - District 4
Supervisor Salud Carbajal, Santa Barbara - District 1
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The Bar Association of San Francisco
The Council of Mexican Federations
The East Bay Refugee Forum
UNITE HERE Local 2850
United Food & Commercial Workers Union, Local 5
Yolo County Sheriff
Young Workers United
OPPOSITION : (Verified 8/15/11)
Alameda County Sheriff
Calaveras County Sheriff
California State Sheriffs' Association
Californians for Population Stabilization
Kern County Sheriff
Los Angeles County Sheriff
Orange County Sheriff
Siskiyou County Sheriff
Stanislaus County Sheriff
ARGUMENTS IN SUPPORT : Yolo County Sheriff E. G. Prieto
states, "As a law enforcement official, my most important
responsibility is enforcing criminal law and ensuring
public safety. We rely on the trust and cooperation of
community members - including immigrants - to do our job
well. When immigrants fear that contact with the police
could trigger their deportation, they are reluctant to
report crimes, to provide information for investigations,
or to act as witnesses. Secure Comm creates barriers
between law enforcement and the communities we are trying
to protect, making all of us less safe.
"Additionally, S-Comm places additional financial burdens
on our law enforcement agencies at a time when California
Counties are already struggling with budget cuts. When
S-Comm finds a fingerprint match, ICE may issue a
"detainer" to the local jail to keep ICE appraised of the
individual's custody status or to detain the individual for
up to 48 hours, excluding weekends and holidays, so that
ICE may take him or her into custody once his or her local
charges are resolved. The administrative costs of
receiving, tracking, and responding to these detainers, as
well as the cost of providing bed space, food, and medical
care to individuals until ICE picks them up, are
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significantly draining on our already overtaxed law
enforcement budgets. S-Comm does not reimburse localities
for these costs."
ARGUMENTS IN OPPOSITION : The California State Sheriffs'
Association states, "Currently, Secure Communities is
mandatory in all 58 California counties due to the state
entering into an agreement with the federal government. AB
1081 would give individual counties the ability to opt out
of the agreement with the federal government. This measure
also has significant fiscal impacts on state and local
State Criminal Assistance Program (SCAAP) funding.
"Prior to SC, departments would run manual reports for ICE
when they would come into the jail, which put an additional
burden on clerical staff. However, sheriff's departments
now fingerprint everyone, and the information is
transmitted electronically to ICE, relieving staff of the
additional work and eliminating the accusation of
profiling. Local law enforcement agencies are grappling
with significant budget cuts over the last several years
while trying to maintain critical services. To not provide
information to ICE would be violating the sheriff's oath of
office by refusing to work with a Federal Law Enforcement
organization."
ASSEMBLY FLOOR : 47-26, 5/26/11
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Chesbro,
Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani,
Gatto, Gordon, Hayashi, Roger Hernández, Hill, Hueso,
Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell,
Monning, Pan, Perea, V. Manuel Pérez, Portantino,
Skinner, Solorio, Swanson, Torres, Wieckowski, Yamada,
John A. Pérez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Fletcher, Beth Gaines, Garrick, Grove, Hagman, Halderman,
Harkey, Jeffries, Knight, Logue, Mansoor, Miller,
Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Smyth,
Valadao, Wagner
NO VOTE RECORDED: Cedillo, Davis, Gorell, Hall, Huber,
Jones, Williams
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RJG:do 8/16/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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