BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  AB 2792
          Author:   Bonta (D), et al.
          Amended:  8/19/16 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.


          Senate Floor Amendments of 8/19/16 (1) remove the limitation on  








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          ICE access; (2) expand the "know your rights" provision,  
          including requiring it to be in at least five languages, with  
          additional translations provided at no cost to the local  
          government; (3) clarify the scope of the California Public  
          Record Act (CPRA); (4) no longer require the report as part of  
          the public forum; and (5) remove the provision stating  
          University of California, California State University (CSU),  
          California Community Colleges (CCC), schools and school  
          districts shall not provide ICE access to any individual.


          ANALYSIS:  


          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).)   








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          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:


          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; 







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             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.  
               (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)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 in advance of any interview between ICE and an  
            individual in local custody regarding immigration violations,  
            the local law enforcement shall provide the individual with a  
            written consent form that explains the interview and that it  
            is voluntary.


          3)Provides that the written consent form shall be available in  
            specified languages.


          4)Provides that all records relating to the ICE access provided  







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            by local law enforcement agencies, including all  
            communications with ICE about that access shall be public  
            records for the purpose of the CPRA, except that where  
            otherwise permitted under the CPRA personal identifying  
            information may be redacted.


          5)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  and may   
            provide information to the public about ICE's access to  
            individuals and at the meeting report specified information to  
            the public.


          6)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  







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             police at the point of booking, without any due process  
             whatsoever.


             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  







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            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  
            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:   (Verified8/22/16)


          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







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          California Partnership to End Domestic Violence
          California Public Defenders Association
          CARECEN-LA
          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







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          Street Level Health Project
          Thai Community Development Center
          Vital Immigrant Defense Advocacy and Services


          OPPOSITION:   (Verified8/22/16)


          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. / 
          8/22/16 23:10:18


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