AB 4, as amended, Ammiano. State government: federal immigration policy enforcement.
Existing federal law authorizes any authorized immigration officer to issue an immigration detainer that serves to advise another law enforcement agency that the federal department seeks custody of an alien presently in the custody of that agency, for the purpose of arresting and removing the alien. Existing federal law provides that the detainer is a request that the agency advise the department, prior to release of the alien, in order for the department to arrange to assume custody in situations when gaining immediate physical custody is either impracticable or impossible.
This bill would prohibit a law enforcement official, as defined, from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from
begin delete criminalend delete
custody, unless, at the time that the individual becomes eligible for release from begin delete criminalend delete custody, certain conditions are begin delete met. This bill would prohibit an immigration detainer or suspected or actual immigration status from being the basis for denial of certain pretrial or postconviction services and programs, rights, opportunities, or benefits to individuals in county custody. The bill also would prohibit a law enforcement official from arresting, detaining, or continuing to detain a person based on an administrative warrant entered into the Federal Bureau of Investigation’s National Crime Information Center database or a successor or similar database, when the administrative warrant is based solely on a violation of civil immigration lawend delete.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
3(a) The United States Immigration and Customs Enforcement’s
4(ICE) Secure Communities program shifts the burden of federal
5civil immigration enforcement onto local law enforcement. To
6operate the Secure Communities program, ICE relies on voluntary
7requests, known as ICE holds or detainers, to local law enforcement
8to hold individuals in local jails for additional time beyond when
9they would be eligible for release in a criminal matter.
10(b) State and local law
enforcement agencies are not reimbursed
11by the federal government for the full cost of responding to a
12detainer, which can include, but is not limited to, extended
13detention time and the administrative costs of tracking and
14responding to detainers.
15(c) Unlike criminal detainers, which are supported by a warrant
16and require probable cause, there is no requirement for a warrant
17and no established standard of proof, such as reasonable suspicion
18or probable cause, for issuing an ICE detainer request. Immigration
19detainers have erroneously been placed on United States citizens,
20as well as immigrants who are not deportable.
P3 1(d) The Secure Communities program and immigration detainers
2harm community policing efforts because immigrant residents who
3are victims of or witnesses to crime, including domestic violence,
4are less likely to report crime or cooperate with law enforcement
5when any contact with law enforcement could result in deportation.
6The program can result in a person being held and transferred into
7immigration detention without regard to whether the arrest is the
8result of a mistake, or merely a routine practice of questioning
9individuals involved in a dispute without pressing charges. Victims
10or witnesses to crimes may otherwise have recourse to lawful status
11(such as U-visas or T-visas) that detention resulting from the Secure
12Communities program obstructs.
13(e) It is the intent of the Legislature that this act shall not be
14construed as providing, expanding, or ratifying the legal authority
15for any state or local law enforcement agency to detain an
16individual on an immigration hold.
Chapter 17.1 (commencing with Section 7282) is added
18to Division 7 of Title 1 of the Government Code, to read:
For purposes of this chapter, the following terms have
24the following meanings:
25(a) “Conviction” shall have the same meaning as subdivision
26(d) of Section 667 of the Penal Code.
27(b) “Eligible for release from
begin delete criminalend delete custody” means that the
28individual may be released from
begin delete criminalend delete custody because one of
29the following conditions has occurred:
30(1) All criminal charges against the
individual have been
31dropped or dismissed.
32(2) The individual has been acquitted of all criminal charges
33filed against him or her.
34(3) The individual has served all the time required for his or her
36(4) The individual has posted a bond.
37(5) The individual is otherwise eligible for release under state
38or local law, or local policy.
39(c) “Immigration hold” means an immigration detainer issued
40by an authorized immigration officer, pursuant to Section 287.7
P4 1of Title 8 of the Code of Federal Regulations, that requests that
2the law enforcement official to maintain custody of the individual
3for a period not to exceed 48 hours, excluding Saturdays, Sundays,
4and holidays, and to advise the authorized immigration officer
5prior to the release of that individual.
6(d) “Administrative warrant” means an immigration warrant
7issued by ICE, or a successor or similar federal agency charged
8with enforcement of civil immigration laws, used as a noncriminal,
9civil warrant for immigration purposes.
6 10(e)end delete
11 “Law enforcement official” means any local agency or
12officer of a local agency authorized to enforce criminal statutes,
13regulations, or local ordinances or to operate jails or to maintain
14custody of individuals in jails, and any person or local agency
15authorized to operate juvenile detention facilities or to maintain
16custody of individuals in juvenile detention facilities.
13 17(f)end delete
18 “Local agency” means any city, county, city and county,
19special district, or other political subdivision of the state.
16 20(g)end delete
21 “Serious felony” means any of the offenses listed in
22subdivision (c) of Section 1192.7 of the Penal Code and any offense
23committed in another state which, if committed in California,
24 would be punishable as a serious felony as defined by subdivision
25(c) of Section 1192.7 of the Penal Code.
22 26(h)end delete
27 “Violent felony” means any of the offenses listed in
28subdivision (c) of Section 667.5 of the Penal Code and any offense
29committed in another state which, if committed in California,
30would be punishable as a violent felony as defined by subdivision
31(c) of Section 667.5 of the Penal Code.
(a) A law enforcement official has the discretion to
33detain an individual on the basis of an immigration hold after that
34individual becomes eligible for release from criminal custody,
35only if both of the following conditions are satisfied:
36(1) The individual has been convicted of a serious or violent
37felony that, if committed in California on January 1, 2013, would
38result in a sentence to state prison, according to a criminal
39background check or documentation provided to the law
P5 1enforcement official by United States Immigration and Customs
3(2) The continued detention of the individual on the basis of the
4immigration hold would not violate any federal, state, or local law,
5or any local policy.
6(b) If either of the conditions set forth in subdivision (a) is not
7satisfied, an individual shall not be detained on the basis of an
8immigration hold after that individual becomes eligible for release
9from criminal custody.
10(c) An immigration detainer or suspected or actual immigration
11status shall not be a basis to deny any pretrial or postconviction
12services and programs, rights, opportunities, or benefits to
13individuals in county custody, including alternatives to
14incarceration, rehabilitation, drug treatment, educational and
15vocational programs, early release, probation, bail, and release on
16their own recognizance.
17(d) A law enforcement official shall not arrest, detain, or
18continue to detain a person based on an administrative warrant
19entered into the Federal Bureau of Investigation’s National Crime
20Information Center database or a successor or similar database
21maintained by the United States, when the administrative warrant
22is based solely on a violation of civil immigration law.
The provisions of this act are severable. If any
28provision of this act or its application is held invalid, that invalidity
29shall not affect other provisions or applications that can be given
30effect without the invalid provision or application.