BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2792


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          Date of Hearing:  April 27, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2792 (Bonta) - As Amended April 7, 2016


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          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  








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            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  








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            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  








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            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.









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             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