Bill Text: CA AB1081 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State government: federal immigration policy enforcement.

Status: (Vetoed) 2012-09-30 - Consideration of Governor's veto pending. [AB1081 Detail]

Download: California-2011-AB1081-Amended.html
BILL NUMBER: AB 1081	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2011

INTRODUCED BY   Assembly Member Ammiano
    (   Coauthor:   Assembly Member  
Cedillo   ) 
    (   Coauthor:   Senator   Yee
  ) 

                        FEBRUARY 18, 2011

   An act to add Chapter 17.1 (commencing with Section 7282) to
Division 7 of Title 1 of the Government Code, relating to state
government.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1081, as amended, Ammiano. State government: federal
immigration policy enforcement.
   Existing law, setting forth the findings and declarations of the
Legislature, provides that all protections, rights, and remedies
available under state law, except any reinstatement remedy prohibited
by federal law, are available to all individuals regardless of
immigration status who have applied for employment, or who are or who
have been employed, within the state, and further provides that, for
purposes of enforcing specified state laws, a person's immigration
status is irrelevant to the issue of liability, and prohibits, in
proceedings or discovery undertaken to enforce those state laws, an
inquiry into a person's immigration status except where the person
seeking to make the inquiry has shown by clear and convincing
evidence that the inquiry is necessary in order to comply with
federal immigration law.
   This bill would state the findings and declarations of the
Legislature with respect to a memorandum of agreement with the United
States Department of Homeland Security, regarding the implementation
of the Immigration and Customs Enforcement's Secure Communities
program, that the Bureau of Criminal Identification and Information
within the Department of Justice entered into on  May 8
  April 10  , 2009. The bill would require the
bureau to modify that agreement, according to specified requirements,
or to exercise its authority under the agreement to terminate the
agreement.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    (a) The Legislature finds and declares
all of the following:  
   (1) Washington, Pennsylvania, and Washington, D.C. have all
refused to enter into a memorandum of agreement with the United
States Department of Homeland Security regarding the Immigration and
Customs Enforcement's Secure Communities program because the program
undermines community policing, public safety, and protections against
racial profiling. Pursuant to the program, federal officials have
claimed the authority to use state and local law enforcement
resources for the purpose of channeling individuals into federal
civil immigration enforcement based on minimal contact with law
enforcement  
   (2) Immigrant residents who are victims or witnesses to crime,
including domestic violence related crimes, are less likely to report
the crime or cooperate with law enforcement because any contact with
law enforcement could result in deportation, without regard to
whether the arrest or the result of a mistake, or merely a routine
practice of questioning individuals involved in a dispute without
pressing charges. Victims or witnesses to crimes may have recourse to
lawful status (such as U-visas or T-visas) that detention resulting
from Secure Communities obstructs.  
   (b) It is the intent of the Legislature that the Bureau of
Criminal Identification and Information within the Department of
Justice modify the memorandum of agreement with the United States
Department of Homeland Security, regarding the implementation of the
Immigration and Customs Enforcement's Secure Communities program, it
entered into on April 10, 2009, as specified in this act, thereby
paying respect to the wishes of several local jurisdictions that have
actively worked for decades to build community trust in law
enforcement and have expressed concern that the Secure Communities
program has been deployed without adequate notice and without their
consultation or consent. 
   SECTION 1.   SEC. 2   Chapter 17.1
(commencing with Section 7282) is added to Division 7 of Title 1 of
the Government Code, to read:
      CHAPTER 17.1.  FEDERAL IMMIGRATION POLICY ENFORCEMENT


   7282.  (a) The Legislature finds and declares all of the
following:
   (1) Both the State of Washington and Washington, D.C., have
refused to enter into a memorandum of agreement with the United
States Department of Homeland Security regarding the Immigration and
Custom Enforcement's Secure Communities program because the program
undermines community policing and public safety.
   (2) Pursuant to the program, federal officials have claimed the
authority to enforce federal immigration laws, and in particular, the
authority to detain individuals based on minimal contact with law
enforcement.
   (3) Immigrant residents who are victims or witnesses to crime,
including domestic violence-related crimes, are less likely to report
the crime or cooperate with law enforcement because any contact with
law enforcement could result in deportation, without regard to
whether the arrest was wrongful or the result of a mistake.
   (b) It is the intent of the Legislature that the Bureau of
Criminal Identification and Information within the Department of
Justice modify the memorandum of agreement with the United States
Department of Homeland Security, regarding the implementation of the
Immigration and Customs Enforcement's Secure Communities program, it
entered into on May 8, 2009, as specified in this act, thereby paying
respect to the wishes of local jurisdictions, including San
Francisco, Santa Clara, and Berkeley, which have actively worked for
decades to build community trust in law enforcement and have
expressed concern that the Secure Communities program has been
deployed without adequate notice or consent. 
    7282.1.   7282.   (a) The Bureau of
Criminal Identification and Information within the Department of
Justice shall modify the memorandum of agreement with the United
States Department of Homeland Security,  which shall be referred
to as the modified  regarding the implementation of the
Immigration and Customs Enforcement's Secure Communities program
 , entered into on May 8, 2009,  in accordance with
all of the following requirements:
   (1) The modified agreement shall authorize a local government to
participate in the Secure Communities program only upon the passage
of an ordinance or resolution authorizing participation by the
legislative body of the local government.
   (2) The modified agreement shall require a local government
 that opts to participate in the program, as provided in
paragraph (1), to submit to the Bureau of Criminal Identification and
Information within the Department of Justice a plan to guard
against, and monitor, racial profiling associated with the local
government's participation in the program.  
   (3) The modified agreement shall authorize local governments to
adopt reasonable exceptions to the implementation of the program with
respect to all of the following:  
   (A) Protections for domestic violence victims. 
   (B)     Protections for
juveniles.   that opts to participate in the program, as
provided in paragraph (1), to prepare a plan to monitor and guard
against racial profiling, discouraging reporting by domestic violence
victims, and harming community policing overall. This plan shall be
deemed a public record for purposes of the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Divisi  
on 7 of Title 1 of the Government Code). The plan shall include
provisions for the monthly release of data that address all of the
following topics:  
   (A) Stop and arrest data broken down by race, ethnicity,
nationality, gender, arresting charge, booking charge, and ultimate
disposition of booking charge.  
   (B) The number of individuals identified for transfer to
Immigration and Customs Enforcement officials through Secure
Communities and a break down of the demographics and criminal history
of those individuals by race, ethnicity, nationality, gender,
booking charge, ultimate disposition of booking charge, Secure
Communities offense level, and most serious prior conviction, if any.
 
   (C) The number of individuals held on Immigration and Customs
Enforcement detainers and the length of those detentions.  
   (D) Number of 911 calls with victim data broken down by race,
ethnicity, and gender.  
   (3) The modified agreement shall include all of the following
exemptions and limitations to the Secure Communities program: 

   (A) A requirement that local law enforcement agencies shall not
share the fingerprints of domestic violence victims with Immigration
and Customs Enforcement officials.  
   (B) A requirement that local law enforcement agencies shall not
share the fingerprints of juveniles with Immigration and Customs
Enforcement officials. 
   (C) An explicit limitation on the sharing of fingerprints 
under the program to those of   with Immigration and
Customs Enforcement officials to only those  individuals
convicted, rather than merely accused, of a crime.
   (4) The modified agreement shall include, but not be limited to,
all of the following safeguards against racial profiling: 
   (A) A prohibition against the use of driver's license checkpoints
to obtain fingerprints for the purposes of the Secure Communities
program.  
   (A) A prohibition against obtaining fingerprints for the purposes
of the Secure Communities program through the use of checkpoints, and
the stopping of individuals solely based on perceived immigration
status. 
   (B) A requirement that the Immigration and Customs Enforcement
establish a complaint  mechanism   process 
that allows for expedited review of claims by those put into
immigration removal proceedings prior to conviction as a result of
the program. 
   (5) The modified agreement shall include a requirement that
Immigration and Customs Enforcement make available to the public on
its Internet Web site quarterly statistics on the Secure Communities
program in this state that include the following metric criteria:
 
   (A) Number of searches to IDENT.  
   (B) Number of matches to IDENT data.  
   (C) Number of detainers issued by Immigration and Customs
Enforcement based on Level 1, Level 2, and Level 3 offense
categories.  
   (D) Number of detainers issued by Immigration and Customs
Enforcement where charges are never filed, are later dismissed, or
where there is ultimately no conviction.  
   (E) Number of Level 1, Level 2, and Level 3 arrestees who are
transferred into Immigration and Customs Enforcement custody after
being subjected to an Immigration and Customs Enforcement detainer,
where charges are never filed, are later dismissed, or where there is
ultimately no conviction.  
   (F) Number of identified detainees prosecuted criminally in
federal court.  
   (G) Number of identified detainees removed from the United States.
 
   (H) Number of identified United States citizens and persons with
lawful status identified through the Secure Communities program.
 
   (I) Nationality, age, and gender of individuals identified and
removed through the Secure Communities program. 
   (b) If the bureau is unable to fulfill the requirements of
subdivision (a), it shall exercise its authority under the agreement
to terminate the agreement.
                                  
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