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.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Vetoed) 2012-09-30 - Consideration of Governor's veto pending. [AB1081 Detail]
Download: California-2011-AB1081-Amended.html
Bill Title: State government: federal immigration policy enforcement.
Spectrum: Partisan Bill (Democrat 13-0)
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 onMay 8April 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 ENFORCEMENT7282. (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 governmentthat 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 fingerprintsunder the program to those ofwith 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 complaintmechanismprocess 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.