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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: AB 1081	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 15, 2011
	AMENDED IN SENATE  JUNE 8, 2011
	AMENDED IN ASSEMBLY  MAY 16, 2011
	AMENDED IN ASSEMBLY  APRIL 15, 2011

INTRODUCED BY   Assembly Member Ammiano
   (Coauthors: Assembly Members Bonilla, Cedillo,  Eng, 
Monning, and Skinner)
   (  Coauthor:   Senator  
Yee   Coauthors:   Senators  
Calderon,   Hancock,   and 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 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.  This bill would state th
 at nothing in this bill is intended to modify the bureau'
  s existing, established procedures for submitting or
exchanging criminal justice information data with the Federal Bureau
of Investigation. 
   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)  Illinois, Massachusetts, New York,  Washington,
Pennsylvania, and Washington, D.C. have all refused to enter into
 , suspended, or terminated  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.
  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 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 agreement, regarding the
implementation of the Immigration and Customs Enforcement's Secure
Communities program in accordance with all of the following
requirements:
   (1) The modified agreement shall authorize a county to participate
in the Secure Communities program only upon the legislative body of
the county submitting an authorized written request to Immigration
and Customs Enforcement's Secure Communities program executive
director.
   (2) The modified agreement shall require a county 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 Division 7 of Title 1 of the
Government Code).
   (3) The modified agreement shall include all of the following
limitations to the Secure Communities program:
   (A) Protections for crime victims, including, but not limited to,
domestic violence victims.
   (B) Protections for juveniles.
   (C) An explicit limitation on the sharing of fingerprints 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 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 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 and state 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. 
   (c) Nothing in this section is intended to modify the bureau's
existing, established procedures for submitting or exchanging
criminal justice information data with the Federal Bureau of
Investigation.