BILL ANALYSIS Ó AB 2792 Page 1 Date of Hearing: April 27, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2792 (Bonta) - As Amended April 7, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|5 - 2 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill enacts the Transparent Review of Unjust Transfers and Holds (TRUTH) Act, which requires a memorandum of understanding (MOU), meeting specific criteria, between the governing body of the appropriate political subdivision and Immigration and Customs Enforcement (ICE) in order for a local law enforcement agency to participate in an immigration enforcement program. Specifically, this bill: 1)Authorizes a local law enforcement agency to participate in a federal ICE immigration enforcement program only if it enters AB 2792 Page 2 into a MOU with the governing body of the political subdivision in which the law enforcement agency is located that describes the terms and conditions pursuant to which the agency will participate in the immigration enforcement program. 2)Requires the local governing body to hold at least three community forums to provide information to the public about the policy under consideration, and to receive and consider public comment before entering into the MOU; and requires the MOU and any records related to its development be a public record for purposes of the California Public Records Act. FISCAL EFFECT: Unkown nonreimbursable costs to local agencies to comply with the public forum requirements and request for public records if the local law enforcement agency opts to participate in a federal ICE immigration enforcement program. COMMENTS: 1)Background. Current federal law 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 (MOAs). Current state law authorizes a law enforcement official 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 AB 2792 Page 3 immigration hold would not violate any federal, state, or local law, or any local policy, and only under specific felony circumstances, or the individual is a registrant on the California Sex and Arson Registry. However, if none of the conditions listed is satisfied, an individual may not be detained on the basis of an immigration hold after the individual becomes eligible for release from custody. 2)Purpose. According to the author, "Immigrant communities form an integral part of our state's social fabric. When Immigration and Customs Enforcement (ICE) coerces local law enforcement to carry out deportations, family members are separated and community trust destroyed, and undocumented witnesses and victims are afraid to step forward or seek help. "In 2013, Governor Brown signed AB 4, the TRUST Act, which protected community members from being detained by local law enforcement under immigration holds requested by ICE. Prior to the TRUST Act, ICE requested local jails hold community members until they could be picked up for deportation. From tamale vendors to domestic violence survivors transferred to ICE for deportation, the holds caused significant suffering and further weakened community-police relations as ICE sought to have local police officers and sheriff's deputies help it carry out mass deportation. After TRUST went into effect, a federal court found all immigration holds unconstitutional, but ICE has continued to circumvent the protections of TRUST by requesting local law enforcement to notify them of personal information, such as release time and location. "With AB 2792, the Transparent Review of Unjust Transfers and Holds (TRUTH) Act, we close that loophole and build upon the TRUST Act. The TRUTH Act requires a transparent process, including community engagement, prior to local law enforcement participation in ICE deportation programs. Local law enforcement must then reach an agreement with their city AB 2792 Page 4 council or county supervisors, dictating the terms and conditions of any participation in such programs, including compliance with the state's TRUST Act. "The TRUTH Act requires critical transparency from ICE, ensures local communities have a voice, and creates clear guidelines to guard against future abuses." 3)Support: According to The Mexican American Legal Defense and Educational Fund, "The TRUTH Act also prevents separation of immigrant families by requiring local governments to abide by the protections of the TRUST Act for ICE notification requests." 4)Opposition: The California State Sheriffs' Association (CSSA), objects to the requirement of an MOU between the law enforcement and its governing body if the law enforcement agency intends to cooperate with federal authorities on issues related to immigration. CSSA also objects to a process that provides for a two-year limit on the MOU and subjects the MOU to at least three different public forums. 5)Prior Legislation: a) AB 4 (Ammiano), Chapter 570, Statutes of 2013, 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. AB 2792 Page 5 b) AB 524 (Mullin), Chapter 572, Statutes of 2013, provides that a threat to report the immigration status or suspected immigration status of an individual or the individual's family may induce fear sufficient to constitute extortion. Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081