SB 1289, as amended, Lara. Law enforcement: immigration.
Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law, a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals.
Existing law authorizes a county board of supervisors on behalf of its sheriff, and a legislative body of a city on behalf of its chief of police, to contract to provide supplemental law enforcement services to private individuals, private entities, and private corporations in specified circumstances and subject to certain conditions.
This bill would prohibit a city, county, or a city and county, or a local law enforcement agency from entering into or renewing a contract, or modifying a contract to extend the length of the contract, with a private corporation, contractor, or vendor to detain immigrants in civil immigration proceedings for profit.
Existing law requires the Board of State and Community Corrections to establish minimum standards for local correctional facilities, as specified.
This bill would require a city, county, or city and county, or a local law enforcement agency that chooses to enter into a contract to detain immigrants in civil immigration proceedings to detain immigrants only pursuant to a contract that requires the immigration detention facility operator to adhere to specified standards.
Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of California are free and equal no matter their national origin, citizenship, or immigration status and are entitled to full and equal accommodations, facilities, and privileges in all business establishments of every kind. Persons denied their rights under this act may obtain specified remedies, including treble damages.
This bill would provide that an immigration detention facility operator, as defined, an agent thereof, or a person acting on its behalf, shall not deprive an immigrant detainee in civil immigration proceedings of specified rights, including access to an attorney or other authorized person, medical care, freedom from harm or harassment, or privacy. The bill would require an immigration detention facility to ensure appropriate medical treatment when a detainee is transferred and prohibit involuntary placement of a detainee in segregated housing because of his or her actual or perceived gender, gender identity, gender expression, or sexual orientation. The bill would also require an immigration detention facility to have a Legal Orientation Program, as specified, or other similar program to provide comprehensive explanations about immigration court procedure and other legal information to unrepresented immigration detainees.
This bill would authorize the Attorney General or any district attorney or city attorney to bring a civil action against an immigration detention facility, an agent thereof, or a person acting on its behalf that violates a detainee’s rights, as specified. The bill would also authorize a person who has been injured by a failure to comply with these provisions, or with the Unruh Civil Rights Act, to bring a civil action for damages, injunctive relief, and other equitable relief.
The bill would provide that its provisions are severable.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares the following:
2(a) In keeping with its obligation to safeguard the humane and
3just treatment of all individuals located in California, it is the intent
4of the Legislature that this bill declare the state’s intolerance to
5profiting from the incarceration of Californians held in immigration
6detention and its desire to ensure the just and humane treatment
7of our most vulnerable populations.
8(b) It is the further intent of the Legislature to ensure the uniform
9treatment of individuals detained within immigration detention
10facilities, operating in California, in a manner that meets or exceeds
11the federal national standards and other applicable legal
Section 1670.9 is added to the Civil Code, to read:
(a) A city, county, city and county, or a local law
15enforcement agency shall not enter into or renew a contract, or
16modify a contract to extend the length of the contract, with a private
17corporation, contractor, or vendor to detain immigrants in civil
18immigration proceedings for profit.
19(b) If a city, county, city and county, or a local law enforcement
20agency chooses to enter into a contract, renews a contract, or
21modifies a contract to extend the length of the contract, to detain
22immigrants in civil immigration proceedings, it shall detain
23immigrants only pursuant to a contract that requires the
24immigration detention facility operator to adhere to the standards
25for detaining those individuals described in the 2011 Operations
26Manual ICE Performance-Based National Detention Standards as
27corrected and clarified in February 2013 and ICE Directive 11065.1
28(Review of the Use of Segregation for ICE Detainees).
Section 1670.91 is added to the Civil Code, to read:
(a) An immigration detention facility operator, an
10agent of an immigration detention facility, or a person acting on
11behalf of an immigration detention facility, shall not deprive any
12immigrant detainee in civil immigration proceedings access to an
13attorney or any other person authorized by the Board of
14Immigration Appeals under Section 292.2 of Title 8 of the Code
15of Federal Regulations, access to a translator or interpretation
16services, medical care, freedom from harm or harassment, or
18(1) Medical care includes, but is not limited to, HIV medication
19and transition-related health care.
20(2) Medical care shall not be denied or delayed on the basis that
21 the immigrant is likely to be released or deported.
22(b) If an immigration detention facility operator, or agent of an
23immigration detention facility, or person acting on behalf of an
24 immigration detention facility, violates subdivision (a), (h), (i), or
25(j) or the 2011 Operations Manual ICE Performance-Based
26National Detention Standards as corrected and clarified in February
272013, or ICE Directive 11065.1 (Review of Use of Segregation
28for ICE Detainees), the following actions may be taken:
29(1) The Attorney General, or any district attorney or city
30attorney, may bring a civil action for injunctive and other
31appropriate equitable relief in the name of the people of the State
32of California. An action brought by the Attorney General, any
33district attorney, or any city attorney may also seek a civil penalty
34of twenty-five thousand dollars ($25,000). If this civil penalty is
35requested, it shall be assessed individually against each person
36who is determined to have violated this section, and the penalty
37shall be awarded to each individual who has been injured under
39(2) Any individual who has been injured by a failure to comply
40with subdivisions (a), (h), (i), or (j) may bring a civil action for
P7 1damages, including, but not limited to, damages under Section 52,
2injunctive relief, and other appropriate equitable relief, including
3appropriate equitable and declaratory relief.
4(c) Nothing in this section shall prohibit an immigration
5detention facility operator from exceeding the 2011 Operations
6Manual ICE Performance-Based National Detention Standards as
7corrected and clarified in February 2013 or ICE Directive 11065.1
8(Review of the Use of Segregation for ICE Detainees).
9(d) An action brought pursuant to this section is
10any other action, remedy, or procedure that may be available to
11an individual under any other provision of law.
12(e) In addition to any damages, injunction, or other equitable
13relief awarded in an action brought pursuant to subdivision (b),
14the court may award the petitioner or plaintiff reasonable attorney’s
15fees and costs.
16(f) For purposes of this section, “immigration detention facility”
17means a facility where immigrants are detained for civil
18immigration proceedings pursuant to an agreement between a city,
19county, or city and county, or a law enforcement agency and either
20of the following:
21(1) The Department of Homeland Security or other federal
23(2) A private corporation, contractor, or private vendor.
24(g) For purposes of this section “immigration detention facility
25operator” means an individual, firm, corporation, association,
26partnership, joint venture, commercial entity, municipality,
27commission, or political division of the State of California that
28operates or owns an immigration detention facility.
29(h) When an immigrant detainee is transferred, the
30detention facility operator shall do all of the following:
31(1) Ensure that all medical records of the detainee are promptly
32transferred to ICE at the time of transfer, or promptly provided to
33the facility to which the detainee is transferred.
34(2) Ensure that all detainees receive all medications needed
35while in transit.
36(3) Ensure that a detainee’s treatment plan is received by the
37medical personnel at the facility to which the detainee is being
39(4) Ensure that there is no delay, disruption, or denial of medical
40treatment after or before detainee transfer.
P8 1(i) An immigration detainee shall not be involuntarily placed
2in segregated housing in an immigration detention facility because
3of his or her actual or perceived gender, gender identity, gender
4expression, or sexual orientation, as defined in Section 422.56 of
5the Penal Code. Transgender and gender non-conforming
6immigration detainees shall be give the option to choose a housing
7placement consistent with their gender identity.
8(j) An immigration detention facility shall have a Legal
9Orientation Program (as established by the Executive Office for
10Immigration Review of the United States Department of Justice)
11or similar program to provide comprehensive explanations about
12immigration court procedure, along with other basic legal
13information, to unrepresented immigration detainees. The program
14shall include an orientation on immigration removal proceedings
15and forms of relief, distribute self-help materials, provide private,
16individual consultations with unrepresented detainees to discuss
17their cases, and referrals to pro bono legal services.
18(k) For purposes of this section, “segregated housing” means
19administrative segregation or disciplinary segregation, as defined
20in the 2011 Operations Manual ICE Performance-Based National
21Detention Standards as corrected and clarified in February 2013,
22or any other act resulting in an individual being segregated from
23the general population through prolonged physical or social
24isolation for hours, days, weeks, or years.
The provisions of this act are severable. If any
27provision of this act or its application is held invalid, that invalidity
28shall not affect other provisions or applications that can be given
29effect without the invalid provision or application.