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)
Amended: 8/15/12 in Senate
Vote: 21
PRIOR VOTES NOT RELEVANT
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 6/12/12
AYES: Hancock, Calderon, Liu, Price, Steinberg
NOES: Anderson, Harman
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 21-13, 7/5/12
AYES: Alquist, Calderon, Corbett, Correa, De León,
DeSaulnier, Evans, Hancock, Hernandez, Kehoe, Leno, Lieu,
Liu, Lowenthal, Negrete McLeod, Padilla, Price,
Steinberg, Vargas, Wolk, Wright
NOES: Anderson, Berryhill, Cannella, Dutton, Fuller,
Gaines, Harman, Huff, La Malfa, Rubio, Strickland,
Walters, Wyland
NO VOTE RECORDED: Blakeslee, Emmerson, Pavley, Runner,
Simitian, Yee
ASSEMBLY FLOOR : Not relevant
SUBJECT : State government: federal immigration policy
enforcement
CONTINUED
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SOURCE : Asian Law Caucus
National Day Laborer Organizing Network
California Immigrant Policy Center
DIGEST : This bill (1) makes uncodified legislative
findings and declarations; (2) provides that a law
enforcement officer has the discretion to detain an
individual on the basis of an immigration hold after that
individual becomes eligible for release from criminal
custody, as specified.
Senate Floor Amendments of 8/15/12 (1) modify the
legislative findings and declarations; (2) allow law
enforcement agencies discretion to detain persons for more
than 48 hours on the basis of an immigration detainer where
that person is currently charged with a serious or violent
felony; (3) delete the requirement for local governments to
adopt a plan to prevent detention of U.S. citizens, racial
profiling, and discouraging crimes from being reported; (4)
delete state juvenile justice facilities from the
requirements of the bill; and (5) add a coauthor.
NOTE: This bill passed the Senate (21-13) on 7/5/12 and
was returned to the Senate for these amendments.
Senate Floor Amendments of 5/14/12 provide that, once a
person in custody is otherwise eligible for release from
custody, law enforcement agencies may continue to detain
that person on the basis of an immigration hold when (1)
the person has a prior serious or violent felony conviction
and (2) that detention does not violate any federal, state,
or local law, or any local policy. This bill also requires
any local government where such a person is held to adopt a
plan to guard against racial profiling, detaining US
citizens, discouraging crime victims and witnesses from
reporting crimes. This plan would not need to be adopted
prior to complying with an immigration hold.
ANALYSIS : Existing federal law provides that any
authorized immigration officer may at issue a Form I-247,
Immigration Detainer-Notice of Action, to any other
federal, state, or local law enforcement agency. A
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detainer serves to advise another law enforcement agency
that the Department of Homeland Security (DHS) seeks
custody of an alien presently in the custody of that
agency, for the purpose of arresting and removing the
alien. The detainer is a request that such agency advise
the DHS, prior to release of the alien, in order for the
DHS to arrange to assume custody, in situations when
gaining immediate physical custody is either impracticable
or impossible. (8 Code of Federal Regulations (CFR)
Section 287.7(a))
Existing federal law states that upon a determination by
the DHS to issue a detainer for an alien not otherwise
detained by a criminal justice agency, such agency shall
maintain custody of the alien for a period not to exceed 48
hours, excluding Saturdays, Sundays, and holidays in order
to permit assumption of custody by the DHS. (8 CFR Section
287.7(d))
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 United States Immigration and
Customs Enforcement (ICE) and the local police are
documented in MOAs. (8 United States Code 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 provides that a law enforcement official on the
basis of an immigration hold after that individual becomes
eligible for release from criminal custody has the
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discretion to detain an individual if both of the following
conditions are satisfied:
1. The individual has been convicted of a serious or
violent felony, according to a criminal background check
or documentation provided to the law enforcement
official by ICE.
2. The continued detention of the individual on the basis
of the immigration hold would not violate any federal,
state, or local law, or any local policy.
This bill provides that if either of the above conditions
are not satisfied, an individual shall not be detained on
the basis of an immigration hold after that individual
becomes eligible for release from criminal custody.
This bill makes uncodified legislative findings and
declarations.
This bill provides that the provisions of this bill are
severable.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/16/12)
Asian Law Caucus (co-source)
National Day Laborer Organizing Network (co-source)
California Immigrant Policy Center (co-source)
American Civil Liberties Union
American Friends Service Committee, San Diego
Arab Resource and Organizing Center
Archdiocese of San Francisco, Office of Public Policy and
Social Concerns
Asian Americans for Civil Rights & Equality
Asian Pacific American Legal Center
Associated Students of University of California, Berkeley
Binational Front of Indigenous Organizations
Black Alliance for Just Immigration
Blacks in Law Enforcement of America
Brazilian Alliance
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California Bail Agents Association
California Catholic Conference
California Labor Federation
California Partnership to End Domestic Violence
California Public Defenders Association
Californians United for a Responsible Budget
Canal Alliance
CARECEN SF
Casa De Esperanza
Central Valley DREAM Team
Central Valley Partnership for Citizenship
Centro Laboral de Graton
Centro Legal de la Raza
Chico Peace & Justice Center
Chief of Police (Retired) Arturo Venegas, Sacramento
Chief of Police Dennis Burns, Palo Alto
Chief of Police Howard Jordan, Oakland
Chinese for Affirmative Action
City and County of San Francisco Board of Supervisors
Cities of Berkeley, Cudahy, and Patterson
City of San Pablo City Council
Coalition for Humane Immigrant Rights of Los Angeles
Committee for Immigrant Right of Sonoma County
Communities for a New California Education Fund
Communities Organized to Support Adult Schools
Community Action Board of Santa Cruz County, Inc.
Community Legal Services in East Palo Alto
Community United Against Violence
Congress of Racial Equality of California
Council on American-Islamic Relations California
Council on American-Islamic Relations, California
Councilmember (Retired) Veronica Jacobi, Santa Rosa
Councilmember Cathy Murillo, Santa Barbara
Councilmember Jorge Morales, South Gate
Councilmember Rebecca Kaplan, Oakland
County of Santa Cruz
Day Worker Center of Mountain View
Diocese of San Bernardino, Justice for Immigrants Office
DREAM Team Los Angeles
Equality California
Filipino Advocates for Justice
First Unitarian Church, Los Angeles
Friends Committee on Legislation of California
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Golden State Bail Agents Association
Greater Long Beach ICO
Human Relations Network of Butte County
Immigrant Legal Resource Center
Immigrant Youth Coalition
Immigration Center for Women and Children
Interfaith Coalition for Immigrant Rights
Iranian American Bar Association, Northern California
Chapter
Jewish Community Relations Council
La Clinica de La Raza
La Raza Centro Legal, Inc.
La Raza Student Cultural Center
LA Voice PICO
Law Office of Alicia Roman
Lawyers' Committee for Civil Rights of the San Francisco
Bay Area
Legal Services for Prisoners With Children
Long Beach Immigrant Rights Coalition
Los Amigos of Orange County
Los Angeles Federation of Labor, AFL-CIO
Mayor Ann Schwab, Chico
Mayor Antonio Villaraigosa, Los Angeles
Mayor Gayle McLaughlin, Richmond
Mayor Luis Molina, Patterson
Mexican American Legal Defense and Educational Fund
Mexican American Political Association - San Joaquin Valley
Region
Monterey County Immigration Coalition
Mujeres Unidas y Activas
NAACP, California State Conference
National Immigration Law Center
National Lawyers Guild San Francisco Bay Area chapter
National Network for Immigrant and Refugee Rights
North Bay Organizing Project
Nuestra Casa
Oakland Catholic Worker
OMID Advocates for Human Rights
Orange County Community Housing Corporation
Orange County Congregation Community Organization
Orange County May Day Coalition
Peninsula Interfaith Action
People Organizing to Demand Environmental and Economic
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Right
PICO California
Placer People of Faith Together
Pomona Economic Opportunity Center
PUEBLO
Redwood Forest Friends Meeting
Refugee and Immigrant Services Program of Catholic
Charities
Rhema Word of Faith
Richmond Vision
Sacramento Area Congregations Together
San Francisco Domestic Violence Consortium
San Francisco Human Rights Commission
San Francisco Immigrant Rights Commission
San Francisco La Raza Lawyers Association
San Francisco Organizing Project
Santa Rosa-Sonoma County NAACP
Services Immigrant Rights and Education Network
Silicon Valley Community Foundation
Sonoma County Human Rights Commission
Southern California Coalition for Occupational Safety and
Health
Stanislaus County Board of Education
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 George Shirakawa, Santa Clara - District 2
Supervisor Maureen Kirk, Butte County - District 3
Supervisor Salud Carbajal, Santa Barbara - District 1
UFW
Unitarian Universalist Congregation, Santa Rosa
Unitarian Universalist Legislative Ministry Action Network,
California
Unitarian Universalists of San Mateo
UNITE HERE Local 2850
Vice Mayor Tiffany Renee, City of Petaluma
West Contra Costa Unified School District
Windsor Do
Witnesses for Peace, Southwest Region
WOMAN Inc.
Women's International League for Peace and Freedom
Young Workers United
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Youth United for Community Action
OPPOSITION : (Verified 8/16/12)
California State Sheriffs' Association
ARGUMENTS IN SUPPORT : According to the author:
Secure Communities (S-Comm) is an Immigration and Customs
Enforcement (ICE) program that enlists local law
enforcement to engage in civil immigration enforcement
through the sharing of biometric data at the point of
arrest. The program automatically leads to investigation
of the immigration background of every individual,
citizen or non-citizen, at the point of arrest by
electronically crosschecking fingerprints through an
immigration database allowing ICE officials to detain and
deport non-citizen individuals - without the basic right
to a day in court.
While U.S Immigration Customs and Enforcement's (ICE)
stated mission for S-Comm is to target serious offenses,
the program casts far too wide a net. ICE's own data
shows that in California 7 out of 10 of the over 67,900
individuals deported under S-Comm had no convictions or
were accused only of minor offenses. Unfortunately, this
means immigrant residents who are victims or witnesses to
a crime now fear cooperating with police since any
contact with law enforcement can result in separation
from their families and deportation.
This program is eroding trust between immigrant
communities and local law enforcement. As a result,
years of community policing initiatives are ruined as
entire communities lose trust in law enforcement and stop
reporting crimes or seeking help. S-Comm makes us all
less safe and sends the state in the wrong direction.
The program is exactly what ICE said it is not supposed
to be, a simple tool for mass, indiscriminate
non-criminal immigration enforcement.
In addition to the public safety concerns, S-Comm has
also failed to provide accountability and transparency.
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ICE has given contradictory and inconsistent answers to
questions from Congress, media, and local officials
regarding the participation of unwilling jurisdictions.
Forcing this problematic program on localities against
their will creates an undue burden and jeopardizes local
community policing strategies.
Local jails internalize the entire cost of submitting to
ICE holds triggered by the program, which ask local
authorities to hold individuals in local jails for a
longer period of time. S-Comm does not provide any
reimbursement to localities for the cost of participating
in the program. At a time when localities are strapped
for cash they should not be spending vital resources on
federal civil immigration enforcement.
AB 1081 will rebuild the trust that S-Comm has undermined
between immigrant communities and local police by
establishing statewide standards for responding to
burdensome ICE hold requests. This bill sets a clear
standard for local governments to not submit to ICE's
request to detain an individual unless the individual has
a serious or violent felony conviction. AB 1081 also
requires localities to develop a plan to prevent racial
profiling and keep children, crime victims, or survivors
of domestic violence from being wrongfully targeted.
ARGUMENTS IN OPPOSITION : The California State Sheriffs'
Association writes:
We must oppose AB 1081 as amended on August 15, 2012,
which would leave Sheriffs' in a tremendous position of
liability. The new amendments state that Ýa] law
enforcement official has the discretion to detain an
individual ONLY under the following criteria: (1) The
individual has been convicted of a serious or violent
felony, felony according to a criminal background check
or documentation provided to the law enforcement official
by United State Immigration and Customs Enforcement (ICE)
or is currently in custody for a charge of a serious or
violent felony by a district attorney. Or, (2) The
continued detention of the individual on the basis of the
immigration hold would not violate any federal, state, or
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local law, or any local policy.
Currently, state and local jurisdictions cannot opt out
of Secure Communities. Enforcing America's immigration
laws is a federal responsibility. ICE prioritizes the
removal of those who pose a danger to national security
or public safety, repeat violators who game the
immigration system, those who fail to appear at
immigration hearings, and fugitives who have already been
ordered removed by an immigration judge. Because the
administration is committed to using immigration
enforcement resource sin the way most beneficial to
public safety, the primary focus in on convicted
criminals, with a priority on aggravated felons.
The bill leaves Sheriffs' in a tremendous position of
liability. It states the legislative body of the local
agency of the jurisdiction that the individual is being
detained in shall, prior to or after complying with an
immigration hold, adopt a plan that monitors and guards
against all of the following:
(1) A United States citizen being detained pursuant to
an immigration hold.
(2) Racial profiling.
(3) Victims and witnesses to crime being discouraged
from reporting crimes.
It is not the responsibility of Sheriff's to determine
citizenship of arrestees. Additional liability rests in
the racial profiling language of the bill, which is a
subjective topic. Lastly, most agencies have current
policies and procedures on how to work with victims and
witnesses or crime. This bill creates additional
mandates and liability in this area.
RJG:m:n 11/13/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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