BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1081|
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THIRD READING
Bill No: AB 1081
Author: Ammiano (D)
Amended: 5/14/12 in Senate
Vote: 21
PRIOR VOTES NOT RELEVANT
SUBJECT : State government: federal immigration policy
enforcement
SOURCE : Asian Law Caucus
California Immigrate Policy Center
National Day Laborer Organizing Network
DIGEST : This bill provides that, once a person in
custody is otherwise eligible for release from custody, law
enforcement agencies may continue to detain that person on
the basis of an immigration hold when (1) the person has a
prior serious or violent felony conviction and (2) that
detention does not violate any federal, state, or local
law, or any local policy.
Senate Floor Amendments of 5/14/12 delete provisions
requiring the Bureau of Criminal Identification and
Information within the Department of Justice to modify the
memorandum of agreement with the United States Department
of Homeland Security regarding the implementation of the
Immigration and Customs Enforcement Secure Communities
program. This bill now provides restrictions on when law
enforcement agencies may detain a person on the basis of a
CONTINUED
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federal immigration detainer.
ANALYSIS : Existing federal law authorizes any authorized
immigration officer to issue an immigration detainer that
serves to advise another law enforcement agency that the
federal department seeks custody of an alien presently in
the custody of that agency, for the purpose of arresting
and removing the alien. Existing federal law provides that
the detainer is a request that the agency advise the
department, prior to release of the alien, in order for the
department to arrange to assume custody, in situations when
gaining immediate physical custody is either impracticable
or impossible.
This bill provides that, once a person in custody is
otherwise eligible for release from custody, law
enforcement agencies may continue to detain that person on
the basis of an immigration hold when (1) the person has a
prior serious or violent felony conviction and (2) that
detention does not violate any federal, state, or local
law, or any local policy. This bill also requires any
local government where such a person is held to adopt a
plan to guard against racial profiling, detaining US
citizens, discouraging crime victims and witnesses from
reporting crimes. This plan does not need to be adopted
prior to complying with an immigration hold.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/16/12)
Asian Law Caucus (co-source)
California Immigrant Policy Center (co-source)
National Day Laborer Organizing Network (co-source)
California Public Defenders Association
Berkeley City Council
City and County of San Francisco Board of Supervisors
City of San Pablo City Council
Councilmember Rebecca Kaplan, Oakland
Chief of Police Howard Jordan, Oakland
Chief of Police (Retired) Arturo Venegas, Sacramento
Mayor Gayle McLaughlin, Richmond
Mayor Luis Molina, Patterson
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Sheriff E.G. Prieto, Yolo County
Supervisor David Campos, San Francisco - District 9
Supervisor Efren Carrillo, Sonoma - District 5
Supervisor George Shirakawa, Santa Clara - District 2
Supervisor Maureen Kirk, Butte County - District 3
American Civil Liberties Union
American Friends Service Committee, San Diego
Asian Americans for Civil Rights & Equality
Asian Pacific American Legal Center
Associated Students of University of California, Berkeley
Binational Front of Indigenous Organizations
Black Alliance for Just Immigration
Blacks in Law Enforcement of America
Brazilian Alliance
CARECEN SF
California Bail Agents Association
California Partnership to End Domestic Violence
Californians United for a Responsible Budget
Canal Alliance
Casa De Esperanza
Centro Laboral de Graton
Centro Legal de la Raza
Chico Peace & Justice Center
Coalition for Humane Immigrant Rights of Los Angeles
Committee for Immigrant Right of Sonoma County
Community Action Board of Santa Cruz County, Inc.
Communities Organized to Support Adult Schools
Congress of Racial Equality of California
DREAM Team Los Angeles
Filipino Advocates for Justice
Golden State Bail Agents Association
Human Relations Network of Butte County Council on
American-Islamic
Relations California
Immigrant Legal Resource Center
Immigrant Youth Coalition
Interfaith Coalition for Immigrant Rights
Jewish Community Relations Council
La Clinica de La Raza
La Raza Centro Legal, Inc.
Law Office of Alicia Roman
Lawyers' Committee for Civil Rights of the San Francisco
Bay Area
Long Beach Immigrant Rights Coalition
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Los Angeles Federation of Labor, AFL-CIO
Mexican American Political Association - San Joaquin Valley
Region
Mujeres Unidas y Activas
National Immigration Law Center
National Lawyers Guild San Francisco Bay Area Chapter
North Bay Organizing Project
OMID Advocates for Human Rights
Orange County May Day Coalition
Peninsula Interfaith Action
Refugee and Immigrant Services Program of Catholic
Charities
Rhema Word of Faith
Richmond Vision
Sacramento Area Congregations Together
San Francisco Domestic Violence Consortium
San Francisco Immigrant Rights Commission
San Francisco Organizing Project
Santa Rosa-Sonoma County NAACP
Services Immigrant Rights and Education Network
Street Level Health Project
Sonoma County Human Rights Commission
Unitarian Universalists of San Mateo
UNITE HERE Local 2850
West Contra Costa Unified School District
Witnesses for Peace, Southwest Region
WOMAN Inc.
Young Workers United
OPPOSITION : (5/16/12) (per previous version of the
bill)
Alameda County Sheriff
Calaveras County Sheriff
California State Sheriffs' Association
Californians for Population Stabilization
Kern County Sheriff
Los Angeles County Sheriff
Orange County Sheriff
Siskiyou County Sheriff
Stanislaus County Sheriff
AGB:do 5/16/12 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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