BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2792|
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THIRD READING
Bill No: AB 2792
Author: Bonta (D), et al.
Amended: 8/15/16 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-2, 6/28/16
AYES: Hancock, Glazer, Leno, Liu, Monning
NOES: Anderson, Stone
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/11/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 44-29, 5/23/16 - See last page for vote
SUBJECT: Local law enforcement agencies: federal immigration
policy enforcement: ICE access
SOURCE: ACLU of California
Asian Americans Advancing Justice
California Immigrant Policy Center
Immigrant Legal Resource Center
MALDEF
National Day Laborer Organizing Network
DIGEST: This bill authorizes a local law enforcement agency to
provide federal Immigration and Customs Enforcement (ICE) with
access to an individual only if specified conditions are met.
ANALYSIS:
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Page 2
Existing federal law:
1)Provides that any authorized immigration officer may at any
time issue 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. (8 CFR Section 287.7(a).)
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. (8 CFR Section 287.7(d).)
3)Authorizes the Secretary of DHS under the 287(g) program 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). (8 U.S.C. Section 1357(g).)
4)Provides that no state shall make or enforce any law which
shall abridge the privileges or immunities of citizens of the
United States; nor shall any state deprive any person of life,
liberty, or property, without due process of law; nor deny to
any person within its jurisdiction the equal protection of the
laws. (U.S. Const. 14th Amend.)
Existing state law:
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1)Defines "immigration hold" as "an immigration detainer issued
by an authorized immigration officer, pursuant to specified
regulations, that requests that the law enforcement official
to maintain custody of the individual for a period not to
exceed 48 hours, excluding Saturdays, Sundays, and holidays,
and to advise the authorized immigration officer prior to the
release of that individual." (Government Code, § 7282 (c).)
2)States that a law enforcement official shall have 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 would not violate any federal, state, or
local law, or any local policy, and only under the following
circumstances:
a) The individual has been convicted of a serious or
violent felony;
b) The individual has been convicted of a felony punishable
by imprisonment in the state prison;
c) The individual has been convicted within the past five
years of a misdemeanor for a crime that is punishable as
either a misdemeanor or a felony, or has been convicted at
any time of a specified felony;
d) The individual is a current registrant on the California
Sex and Arson Registry;
e) The individual is arrested and taken before a magistrate
on a charge involving a serious or violent felony, a felony
punishable by imprisonment in state prison, or other
specified felonies, and the magistrate makes a finding of
probable cause as to that charge after a preliminary
hearing; and
f) The individual has been convicted of a federal crime
that meets the definition of an aggravated felony as
specified, or is identified by the DHS's ICE as the subject
of an outstanding federal felony arrest warrant.
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(Government Code, § 7282.5(a))
3)States that if none of the conditions listed above is
satisfied, an individual shall not be detained on the basis of
an immigration hold after the individual becomes eligible for
release from custody. (Government Code, § 7282.5 (b).)
This bill:
1)Provides that a local law enforcement agency shall have the
discretion to provide ICE access to an individual if the
following conditions are met.
a) The agency would have the discretion to detain the
individual on the basis of an immigration hold.
b) The agency would not violate any local law or policy by
providing access to the individual.
c) The individual has been served with a copy of any ICE
hold, transfer, or notification request issued for him or
her and has been provided with a written consent form in
advance of any interview with ICE that explains the purpose
of the interview, that the interview is voluntary, and that
he or she may decline to be interviewed or may be
interviewed with his or her attorney present.
1)States that if the local law enforcement agency provides ICE
with a notification that an individual is being, or will be
released on a certain date, the local law enforcement agency
shall promptly provide the same notification in writing to the
individual and to his or her attorney or to one additional
person who the individual shall be permitted to designate.
2)Provides that all records relating to the ICE access provided
by local law enforcement agencies, including all
communications with ICE about that access shall be public
reecords for the purpose of the California Public Records Act
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(CPRA), except that where otherwise permitted under the CPRA
personal identifying information may be redacted.
3)States that beginning January 1, 2018, the local governing
body of a local governing body of a city, county or city and
county in which a local law enforcement agency has provided
ICE with access to an individual during the last year shall
hold at least one community forum open to the public to
provide information to the public about ICE's access to
individuals and at the meeting report specified information to
the public.
4)Defines specified terms for the purpose of this bill.
Background
According to the author:
California's TRUST Act- AB 4 (Ammiano) of 2013- was
instrumental in preventing the separation of thousands of
families. This law limits immigration "hold" or detainer
requests, triggered by deeply controversial deportation
programs like the program formerly known as "Secure
Communities" or S-Comm. The requests, found
unconstitutional by a federal court in 2014, caused
immigrants to be detained for extra time, at local
expense, merely for deportation purposes.
On November 20, 2014, The Obama administration
acknowledged the failure of S-Comm and announced a reboot
of the program. However, ICE's reboot - named the
Priority Enforcement Program or PEP - contains the same
fundamental flaws. In fact, identical to S-Comm, PEP
continues to check the immigration status of all
individuals by reviewing fingerprints obtained by local
police at the point of booking, without any due process
whatsoever.
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While PEP relies more on requests to local law
enforcement to notify ICE when an individual is released,
the end result is the same. ICE requests notification of
release time so that they can detain the person at the
point of release, leading to unconstitutional detentions
at local jails and separating Californian families. PEP,
just like its predecessor, is overburdening local law
enforcement's resources and further undercutting the
confidence that the TRUST Act had started to build
between the community and law enforcement.
Aside from ICE notification requests, since passage of
the TRUST Act, ICE has utilized other troubling tactics
to burden local law enforcement with deportations. This
includes racially profiling individuals for
interrogations in jail about their immigration status,
while denying them access to counsel. ICE is also
reviewing inmate logs and searching jail computers to
gather addresses and telephone numbers to conduct home
raids or courthouse raids, traumatizing family members
and invoking fear in immigrant communities
The recent case of a San Francisco father who sought
police's help in locating his stolen car, only to end up
detained by ICE for more than 50 days, illustrates how
ICE's new tactics hurt families and further damage
confidence in law enforcement.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
Local law enforcement agencies: Potentially significant
non-reimbursable local costs (Local Funds) to local law
enforcement agencies for administrative and operational
workload to adhere to the specified conditions in order to
provide ICE access to individuals. New workload would include
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facilitating the public input process, compiling data reports,
and responding to CPRA requests.
Federal grant funding: Unknown impact on future federal
Edward Byrne Justice Assistance Grant (JAG) Program and State
Criminal Alien Assistance Program (SCAAP) grant awards. To the
extent the prohibition from providing ICE with "non-publicly
available information" includes information about an
individual's immigration status could potentially result in
non-compliance with 8 U.S.C. Section 1373, which prevents
federal, state, and local government entities and officials
from prohibiting or in any way restricting government entities
from exchanging information concerning an individual's
citizenship or immigration status with federal immigration
officers. In FFY 2015, state and local agencies in California
received $57 million in SCAAP funding, and the FFY 2016 state
and local agency JAG allocations totaled $29.3 million.
CSU/CCC/schools: Unknown future impact resulting from the
blanket prohibition from providing "ICE access" to an
individual, with no exceptions.
SUPPORT: (Verified8/11/16)
ACLU of California (co-source)
Asian Americans Advancing Justice (co-source)
California Immigrant Policy Center (co-source)
Immigrant Legal Resource Center (co-source)
MALDEF (co-source)
National Day Laborer Organizing Network (co-source)
African Advocacy Network
Alliance San Diego
American Friends Service Committee
Asian Pacific Islander Legal Outreach
Asian Students Promoting Immigrant Rights through Education
California Attorneys for Criminal Justice
California Immigrant Youth Justice Alliance
California Partnership to End Domestic Violence
California Public Defenders Association
CARECEN-LA
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Centro Legal de la Raza
Community Health for Asian Americans
Community Initiatives for Visiting Immigrants in Confinement
Community United Against Violence
Congregations Building Community
Courage Campaign
Dolores Street Community Services
Dream Team Los Angeles
East Bay Immigrant Youth Coalition
East Bay Organizing Committee
Ella Baker Center
Filipino Advocates for Justice
Immigrant Youth Coalition
Immigration Action Group
Inland Coalition for Immigrant Justice
Inland Empire Immigrant Youth Coalition
Inland Empire Rapid Response Network
Institute of Popular Education of Southern California
Interfaith Coalition for Immigrant Rights
Khmer Girls in Action
Lawyers Committee for Civil Rights
Legal Services for Prisoners with Children
Los Angeles County Supervisor, District 3, Sheila Kuehl
Los Angeles Immigrant Youth Coalition
Mixteco/Indigena Community Organizing Project
Mujeres Unidas y Activas
National Immigration Law Center
National Lawyers Guild Los Angeles Chapter
North Bay Immigrant Youth Union
Orange County Immigrant Youth United
Pangea Legal Services
PICO California
Pomona Economic Opportunity Center
Prison Policy Initiative
RAIZ
Sacramento Immigration Alliance
San Diego Immigrant Rights Consortium
San Fernando Dream Team
San Fernando Valley Immigrant Youth Coalition
San Joaquin Immigrant Youth Collective
SEIU
Street Level Health Project
Thai Community Development Center
Vital Immigrant Defense Advocacy and Services
AB 2792
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OPPOSITION: (Verified8/11/16)
California Police Chiefs Association
California State Sheriffs' Association
ASSEMBLY FLOOR: 44-29, 5/23/16
AYES: Alejo, Atkins, Bloom, Bonilla, Bonta, Brown, Burke,
Calderon, Campos, Chau, Chiu, Chu, Dababneh, Daly, Dodd,
Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez,
Gordon, Roger Hernández, Holden, Jones-Sawyer, Levine, Lopez,
Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk,
Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,
Thurmond, Ting, Weber, Williams, Wood, Rendon
NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,
Chávez, Cooley, Dahle, Beth Gaines, Gallagher, Gatto, Grove,
Hadley, Harper, Jones, Kim, Lackey, Linder, Maienschein,
Mathis, Mayes, Melendez, Obernolte, Olsen, Steinorth, Wagner,
Waldron, Wilk
NO VOTE RECORDED: Arambula, Cooper, Eggman, Frazier, Gray,
Irwin, Patterson
Prepared by:Mary Kennedy / PUB. S. /
8/15/16 20:22:30
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