AB 2792, as amended, Bonta. Local law enforcement agencies: federal immigration policy enforcement: ICE access.
Existing federal law authorizes issuance of 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.
Existing law, commonly known as the TRUST Act, prohibits 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 custody, unless, at the time that the individual becomes eligible for release from custody, certain conditions are met, including, among other things, that the individual has been convicted of specified crimes. Existing law defines specified terms for purposes of these provisions.
This bill, the Transparent Review of Unjust Transfers and Holds (TRUTH) Act, would authorize a local law enforcement agency to provide the United States Immigration and Customs Enforcement (ICE) with access to an individual if certain conditions are met, as provided. The bill would require that the records related to ICE access be public records for purposes of the California Public Records Act. Thebegin delete billend deletebegin insert bill, commencing January 1, 2018,end insert would require the local governing bodybegin delete to hold a community forum or forums, as specified, to provide information to the public about the policy under consideration, and to receive and consider public comment before entering into the MOU or policy.end deletebegin insert
of any county, city, or city and county in which a local law enforcement agency has provided ICE access to an individual during the last year, to hold at least one public community forum during the following year, as specified, to provide information to the public about ICE’s access to individuals and to receive and consider public comment.end insert The bill would require thebegin delete MOU or ICE access, which shallend deletebegin insert community forum toend insert include a report by the local law enforcement agency about its policies and practices regarding ICE access tobegin delete individuals.end deletebegin insert individuals and compliance with the TRUTH act.end insert By requiring these local
agencies to comply with these requirements, this bill would impose a state-mandated local program. The bill would also prohibit police and security departments of the California State University, community colleges, schools, and school districts from providing ICE access to any individual.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
This act shall be known, and may be cited, as the
2Transparent Review of Unjust Transfers and Holds (TRUTH) Act.
(a) Transparency and accountability are essential
4minimum requirements for any collaboration between state and
5federal agencies.
6(b) Recent immigration enforcement programs sponsored by
7the United States Immigration and Customs Enforcement (ICE)
8agency have suffered from a lack of transparency and
9accountability.
10(c) For example, a federal judge found that ICE “went out of
11[its] way to mislead the public about Secure Communities,” a
12deportation program in which ICE collaborated with local law
13enforcement agencies to identify people for deportation.
14(d) The Legislature further found that Secure Communities
15harmed community policing and shifted the burden of federal
16immigration enforcement onto local law enforcement agencies.
17(e) Although ICE has terminated the Secure Communities
18program, it continues to promote a number of similar programs,
19including the Priority Enforcement Program, the 287(g) Program,
20and the Criminal Alien Program.
21(f) The Priority Enforcement Program has many similarities to
22Secure Communities, including the checking of fingerprints for
23immigration purposes at the point of arrest; the continued use of
24immigration detainers, which have been found by the courts to
25pose constitutional concerns; and the reliance on local law
26enforcement to assist
in immigration enforcement.
P4 1(g) Just as with Secure Communities, numerous questions have
2been raised about whether ICE has been transparent and
3accountable with respect to its current deportation programs.
4(h) This bill seeks to address the lack of transparency and
5accountability by ensuring that all ICE deportation programs that
6depend on entanglement with local law enforcement agencies in
7California are subject to meaningful public oversight and meet
8certain minimum standards.
Chapter 17.2 (commencing with Section 7283) is added
10to Division 7 of Title 1 of the Government Code, to read:
11
For purposes of this chapter, the following terms have
16the following meanings:
17(a) “Community forum” includes, but is not limited to, any
18regular meeting of the local governing body that is open to the
19public, where the public may provide comment, is in an accessible
20location, and is noticed at least 30 days in advance.
21(b) “Hold request” means a federal Immigration and Customs
22Enforcement (ICE) request that a local law enforcement agency
23maintain custody of an individual currently in its custody beyond
24the time he or she would otherwise be eligible for release in order
25to facilitate transfer to ICE and includes, but is not
limited to,
26Department of Homeland Security (DHS) Form I-247D.
27(c) “Governing body” with respect to a county, means the county
28board of supervisors.
29(d) “ICE access” means, for the purposes of civil immigration
30enforcement, including when an individual is stopped with or
31without their consent, arrested, detained, or otherwise under the
32control of the local law enforcement agency, all of the following:
33(1) Responding to an ICE hold, notification, or transfer request.
34(2) Providing notification to ICE in advance of the public that
35an individual is being or will be released at a certain date and time
36through data sharing or otherwise.
37(3) Providing ICE non-publicly available informationbegin delete or access begin insert regardingend insert release dates, home addresses, or work
38to non-publicly available computer databases and jail logs
39containingend delete
P5 1
begin delete addresses.end deletebegin insert addresses, whether through computer databases, jail
2logs, or otherwise.end insert
3(4) Allowing ICE to interview an individual.
4(5) Providing ICE information regarding dates and times of
5probation or
parole check-ins.
6(e) “Local law enforcement agency” means any agency of a
7city, county, city and county, special district, or other political
8subdivision of the state that is authorized to enforce criminal
9statutes, regulations, or local ordinances; or to operate jails or to
10maintain custody of individuals in jails; or to operate juvenile
11detention facilities or to maintain custody of individuals in juvenile
12detention facilities; or to monitor compliance with probation or
13parole conditions.
14(f) “Notification request” means an Immigration and Customs
15Enforcement request that a local law enforcement agency inform
16ICE of the release date and time in advance of the public of an
17individual in its custody and includes, but is not limited to, DHS
18Form I-247N.
19(g) “Transfer request” means an Immigration and Customs
20Enforcement request that a local law enforcement agency facilitate
21the transfer of an individual in its custody to ICE, and includes,
22but is not limited to, DHS Form I-247X.
(a) A local law enforcement agency shall have the
24discretion to provide ICE access to an individual if all of the
25following conditions are met:
26(1) The agency would have discretion to detain the individual
27on the basis of an immigration hold request pursuant to Section
287282.5.
29(2) The agency would not violate any local law or policy by
30providing access to the individual.
31(3) The individual has been served with a copy of any ICE hold,
32transfer, or notification request issued for him or her and has been
33provided with a written consent
form in advance of any interview
34with ICE that explains the purpose of the interview, that the
35interview is voluntary, and that he or she may decline to be
36interviewed or may choose to be interviewed only with his or her
37
attorney present.
38(b) If a local law enforcement agency provides ICE with
39notification that an individual is being, or will be, released on a
40certain date, the local law enforcement agency shall promptly
P6 1provide the same notification in writing to the individual and to
2his or her attorney or to one additional person who the individual
3shall be permitted to designate.
4(c) All records relating to ICE access provided by local law
5enforcement agencies, including all communication with ICE about
6that access shall be public records for purposes of the California
7Public Recordsbegin delete Act,end deletebegin insert Act (Chapter 3.5 (commencing with Section
86250)),end insert
except that, where otherwise permitted under the Public
9Records Act, personal identifying information may be redacted
10prior to public disclosure.
11(d) begin deleteThe end deletebegin insertBeginning January 1, 2018, the end insertlocal governing body
12of any county, city, or city and county in which a local law
13enforcement agency has provided ICE access to an individual
14during the last year shall hold at least one community forumbegin delete every begin insert during the following year,end insert that is open to the public, in an
15yearend delete
16accessible location, and with at least 30 days’ notice to provide
17
information to the public about ICE’s access to individuals and to
18receive and consider public comment. At the community forum,
19the local law enforcement agency shall report to the local governing
20body about its policies and practices regarding ICE access to
21individuals and its compliance with this chapter. As part of this
22report, the local law enforcement agency shall provide the
23governing body with any and all data it maintains regarding the
24number and demographic characteristics of individuals to whom
25the agency has provided ICE access, the date ICE access was
26provided, and whether the ICE access was provided through a
27hold, transfer, or notification request or through other means.
Nothing in this chapter shall be construed to provide,
29expand, or ratify the legal authority of any state or local law
30enforcement agency to detain an individual based upon an ICE
31hold request.
(a) Notwithstanding any other provision of this chapter,
33police and security departments of the California State University,
34California Community Colleges, schools, and school districts shall
35not provide ICE access to any individual.
36(b) The University of California is requested to comply with
37this section.
The Legislature finds and declares that Sectionbegin delete 2end deletebegin insert 3end insert of
39this act, which adds Chapter 17.2 (commencing with Section 7283)
40to Division 7 of Title 1 of the Government Code, furthers, within
P7 1the meaning of paragraph (7) of subdivision (b) of Section 3 of
2Article I of the California Constitution, the purposes of that
3constitutional section as it relates to the right of public access to
4the meetings of local public bodies or the writings of local public
5officials and local agencies. Pursuant to paragraph (7) of
6subdivision (b) of
Section 3 of Article I of the California
7Constitution, the Legislature makes the following findings:
8By requiring public meetings relating to the manner in which
9local law enforcement entities cooperate with federal authorities
10in enforcing federal immigration laws and making related
11documents open to publicbegin delete inspectionend deletebegin insert inspection,end insert this act furthers
12the purposes of paragraph (7) of subdivision (b) of Section 3 of
13Article I of the California Constitution.
No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district under this act would result from a legislative mandate that
18is within the scope of paragraph (7) of subdivision (b) of Section
193 of Article I of the California Constitution.
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