BILL ANALYSIS                                                                                                                                                                                                    Ó


          |SENATE RULES COMMITTEE            |                          AB 4|
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                                    THIRD READING

          Bill No:  AB 4
          Author:   Ammiano (D), et al.
          Amended:  9/4/13 in Senate
          Vote:     21

           SENATE PUBLIC SAFETY COMMITTEE  :  5-2, 7/2/13
          AYES:  Hancock, Block, De León, Liu, Steinberg
          NOES:  Anderson, Knight

           ASSEMBLY FLOOR  :  44-22, 5/16/13 - See last page for vote

           SUBJECT  :    State government:  federal immigration policy  

           SOURCE  :     American Civil Liberties Union
                      Asian Law Caucus
                      California Immigrant Policy Center
                      Mexican American Legal Defense and Education Fund
                      National Day Laborer Organizing Network

           DIGEST  :    This bill prohibits a law enforcement official from  
          detaining an individual on the basis of a United States  
          Immigration and Customs Enforcement (ICE) hold after that  
          individual becomes eligible for release from custody unless  
          specified conditions are met. 

           Senate Floor Amendments  of 9/4/13 allow law enforcement  
          officials to honor federal immigration detainers placed on  
          persons previously convicted of an aggravated federal felony  
          under the Immigration and Nationality Act, as specified, or  


                                                                       AB 4

          persons who have an outstanding federal felony arrest warrant.

           ANALYSIS  :    

          Existing federal law:

          1.Provides that any authorized immigration officer may at any  
            time issue a Form I-247, Immigration Detainer-Notice of  
            Action, to any other federal, state, or local law enforcement  
            agency.  A 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.

          2.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.

          3.Authorizes the Secretary of Homeland Security to enter into  
            agreements that delegate immigration powers to local police.   
            The negotiated agreements between ICE and the local police are  
            documented in Memorandum of Agreements, as specified.

          Existing state 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.
          This bill:



                                                                       AB 4

          1.Provides that a law enforcement official has discretion to  
            cooperate with federal immigration officials by detaining an  
            individual on the basis of an immigration hold after that  
            individual becomes eligible for release from custody only if  
            the continued detention of the individual on the basis of the  
            immigration hold does not violate any federal, state, or local  
            law, or any local policy, and only under any of the following  

             A.   The individual has been convicted of a serious or  
               violent felony, as specified.

             B.   The individual has been convicted of any felony which is  
               punishable by imprisonment in state prison.

             C.   The individual has been convicted within the last five  
               years of a misdemeanor for a crime that is punishable as a  
               felony or misdemeanor.

             D.   The individual has been convicted at any time for any  
               one of a list of specified felonies.

             E.   The individual is a current registrant on the California  
               Sex and Arson Registry.

             F.   The individual has been arrested for any specified  
               felony, and a magistrate has made a finding that there is  
               probable cause to hold the person to answer for that  

             G.   The individual has been convicted of a federal crime  
               that meets the definition of an aggravated felony as  
               specified in the federal Immigration and Nationality Act or  
               is identified by the United States Department of Homeland  
               Security's Immigration and Customs Enforcement as the  
               subject of an outstanding federal felony arrest warrant.

            If none of these conditions are satisfied, an individual may  
            not be detained on the basis of an immigration hold after that  
            person becomes eligible for release from custody.

          1.Makes a number of legislative findings and declarations.



                                                                       AB 4

          The Secure Communities Program (S-Comm) was developed by DHS and  
          ICE in March 2008.  Under the program, participating local law  
          enforcement agencies would submit arrestees' fingerprints to ICE  
          and Federal Bureau of Investigation databases, the United States  
          Visitor and Immigrant Status Indicator Technology Program, and  
          IDENT (Automated Biometric Identification System).  The program  
          allowed these federal agencies to access the arrestee's  
          documented criminal and immigration history.  According to ICE  
          statements and materials, S-Comm is intended to target dangerous  
          criminals and those who pose threats to public safety. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  

           SUPPORT  :   (Verified  9/4/13)

          American Civil Liberties Union (co-source) 
          Asian Law Caucus (co-source) 
          California Immigrant Policy Center (co-source) 
          Mexican American Legal Defense and Education Fund (co-source) 
          National Day Laborer Organizing Network (co-source) 
          American Civil Liberties Union of Santa Cruz County
          American Federation of State, County and Municipal Employees
          American Friends Service Committee's US-Mexico Border Project
          Asian Americans for Civil Rights and Equality
          Asian Law Alliance
          Bill of Rights Defense Committee
          Black Alliance for Just Immigration
          California Attorneys for Criminal Justice
          California Catholic Conference, Inc.
          California Communities United Institute
          California Immigrant Policy Center
          California Partnership to End Domestic Violence
          California Public Defenders Association
          Cal-Islanders Humanitarian Association
          Canal Alliance
          Central American Resource Center - Los Angeles
          Central American Resource Center - San Francisco
          Central Valley Partnership for Citizenship
          Centro Laboral de Graton
          Centro Legal de la Raza
          Chinese for Affirmative Action



                                                                       AB 4

          Coalition for Humane Immigrant Rights of Los Angeles
          Council on American-Islamic Relations
          Diocese of Orange
          Dream Team Los Angeles
          East Bay Interfaith Committee for Worker Justice
          East Bay Sanctuary Covenant
          Filipino Advocates for Justice
          Fresno Immigrant Youth in Action
          Fresno Interdenominational Refugee Ministries
          Friends Committee on Legislation of California
          Golden State Bail Agents Association
          Greater Long Beach Interfaith Community Organization
          Immigrant Legal resource Center
          Immigration Center for Women and Children
          Immigration Task Force of California Nevada Annual Conference of  
          the United                                                   
          Methodist Church
          Interfaith Coalition for Immigrant Rights
          Jewish Community Relations Council of San Francisco
          L.A. Gay and Lesbian Center
          Lutheran Office of 
          Mujeres Unidas y Activas
          National Association of Social Workers - California Chapter
          National Immigration Law Center
          Out4 Immigration
          PANGEA Legal Services
          People's Democratic Club of Santa Cruz County
          PICO California
          Public Policy - California
          Reform, CA
          San Francisco Immigrant Rights Commission
          Santa Cruz County Board of Supervisors
          Services, Immigrant Rights and Education Network
          Silicon Valley Community Foundation
          UAW Local 4123
          UAW Local 5810
          Unitarian Universalist Legislative Ministry Action Network
          United Food and Commercial Workers Union, Local 5
          Women's Foundation of California

           OPPOSITION  :    (Verified  9/4/13)

          California District Attorneys Association
          California State Sheriffs' Association



                                                                       AB 4

          Los Angeles County District Attorney
          Taxpayers for Improving Public Safety

           ARGUMENTS IN SUPPORT  :    The California Partnership to End  
          Domestic Violence states:

               S-Comm is a controversial Immigration and Customs  
               Enforcement (ICE) program which has undercut community  
               policing strategies.  Since its implementation, S-Comm has  
               led to the deportation of over 90,000 California residents  
               as of December 2012 - more than any other state.  Contrary  
               to this program's stated goal of prioritizing serious  
               felony offenses, the vast majority of those deported, about  
               69%, are categorized by ICE as either "non-criminals" or  
               individuals with lesser offenses, including traffic  
               violations.  Even U.S. citizens, survivors of domestic  
               violence, and immigrants arrested only for selling street  
               food without a permit have been unfairly detained due to  

               Despite changes announced to the program, a report from  
               University of California Irvine's Immigrant Rights Clinic  
               found that "ICE's failure to adhere to its own stated  
               priorities is a feature rather than a reparable flaw" of  
               S-Comm.  Thus, immigrant victims and witnesses of crime may  
               be afraid to come forward to cooperate with law enforcement  
               for fear that they could be detained for deportation by  

               The TRUST Act [AB 4]will set reasonable limits for local  
               responses to ICE's burdensome "detainer" requests, the  
               linchpin of the failed S-Comm program.  These holds are  
               voluntary under federal regulations and federal statute.   
               Currently, local jails bear the brunt of the cost of  
               responding to these requests.  This includes the cost of  
               tracking and responding to ICE detainers, and the  
               additional time community members are held beyond the point  
               they would normally be released.

           ARGUMENTS IN OPPOSITION  :    The California District Attorneys  
          Association states:

               We are concerned that this bill could result in the  
               inappropriate and untimely release of potentially dangerous  



                                                                       AB 4

               offenders.  There are numerous crimes that do not meet the  
               statutory definition of serious felony or violent felony  
               that are nonetheless serious and/or violent.  Additionally,  
               this infirmity appears to be the basis for Governor Brown's  
               veto of last year's A.B. 1081, a nearly identical bill, and  
               it is unclear what has changed in the meantime.

               Additionally, we fear this bill would frustrate local  
               cooperation with federal officials who maintain exclusive  
               province over the enforcement of immigration law.  It  
               appears that this bill would permit a local policy to trump  
               federal law, and it is not clear how such a provision would  
               pass constitutional muster.  

           ASSEMBLY FLOOR  :  44-22, 5/16/13
          AYES:  Alejo, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra,  
            Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,  
            Campos, Chau, Dickinson, Eggman, Fong, Frazier, Garcia, Gatto,  
            Gomez, Gordon, Hall, Roger Hernández, Jones-Sawyer, Levine,  
            Lowenthal, Medina, Mitchell, Mullin, Nazarian, Pan, Perea, V.  
            Manuel Pérez, Quirk, Rendon, Skinner, Ting, Torres, Weber,  
            Wieckowski, Williams, Yamada, John A. Pérez
          NOES:  Achadjian, Bigelow, Conway, Cooley, Dahle, Daly,  
            Donnelly, Beth Gaines, Hagman, Harkey, Jones, Linder, Logue,  
            Maienschein, Mansoor, Muratsuchi, Nestande, Olsen, Patterson,  
            Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Allen, Chávez, Chesbro, Fox, Gorell, Gray,  
            Grove, Holden, Melendez, Morrell, Quirk-Silva, Salas, Stone,  

          JG:nl  9/5/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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