Thread: CA. Assembly sends Jerry Brown bill to protect illegal aliens

August 24, 2012

Assembly sends Jerry Brown bill to protect illegal immigrants

The Assembly Friday passed and sent to Gov. Jerry Brown legislation that would prohibit law enforcement officers from detaining undocumented immigrants for federal authorities when they are released from criminal custody, unless they have a history of serious or violent crime.

"This is a bill that speaks to humanity," Assemblyman Tom Ammiano, D-San Francisco, said at the close of a heated floor debate on his bill, Assembly Bill 1081.

He and other Democrats said it's aimed at preventing otherwise non-threatening immigrants to go about with their lives without fear of deportation, while Republicans argued that the effect would be to give criminally inclined illegal immigrants a sanctuary.


The 44-23 vote to send the measure to Brown was strictly along party lines, although some members of both parties declined to vote.

Capitol Alert: Assembly sends Jerry Brown bill to protect illegal immigrants

There are only 3 things that Gov. Brown can do.

Veto the bill.

Sign it into law.

Do nothing and let it become law without his signature.

RELATED

6/14/11

http://www.alipac.us/f12/ca-senate-c...st-act-229871/

AB-1081 State government: federal immigration policy enforcement.
(2011-2012)

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SECTION 1.

The Legislature finds and declares all of the following:
(a) The United States Immigration and Customs Enforcement’s (ICE) Secure Communities program shifts the burden of federal civil immigration enforcement onto local law enforcement. To operate the Secure Communities program, ICE relies on voluntary requests, known as ICE holds or detainers, to local law enforcement to hold individuals in local jails for additional time beyond when they would be eligible for release in a criminal matter.
(b) State and local law enforcement agencies are not reimbursed by the federal government for the full cost of responding to a detainer, which can include, but is not limited to, extended detention time and the administrative costs of tracking and responding to detainers.
(c) Unlike criminal detainers, which are supported by a warrant and require probable cause, there is no requirement for a warrant and no established standard of proof, such as reasonable suspicion or probable cause, for issuing an ICE detainer request. Immigration detainers have erroneously been placed on United States citizens as well as immigrants who are not deportable.
(d) The Secure Communities program and immigration detainers harm community policing efforts because immigrant residents who are victims or witnesses to crime, including domestic violence, are less likely to report crime or cooperate with law enforcement when any contact with law enforcement could result in deportation. The program can result in a person being held and transferred into immigration detention without regard to whether the arrest is 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 the Secure Communities program obstructs.
(e) It is the intent of the Legislature that this act shall not be construed as providing, expanding, or ratifying the legal authority for any state or local law enforcement agency to detain an individual on an immigration hold.


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. Standards for Responding to United States Immigration and Customs Enforcement Holds


7282.

For purposes of this chapter, the following terms have the following meanings:
(a) “Conviction” shall have the same meaning as subdivision (d) of Section 667 of the Penal Code.
(b) “Eligible for release from criminal custody” means that the individual may be released from criminal custody because one of the following conditions has occurred:
(1) All criminal charges against the individual have been dropped or dismissed.
(2) The individual has been acquitted of all criminal charges filed against him or her.
(3) The individual has served all the time required for his or her sentence.
(4) The individual has posted a bond.
(5) The individual is otherwise eligible for release under state or local law, or local policy.
(c) “Immigration hold” means an immigration detainer issued by an authorized immigration officer, pursuant to Section 287.7 of Title 8 of the Code of Federal Regulations, that requests that the law enforcement official maintain custody of the individual for a period not to exceed 48 hours excluding Saturdays, Sundays, and holidays, and to advise the authorized immigration officer prior to the release of that individual.
(d) “Law enforcement official” means any local agency or officer of a local agency authorized to enforce criminal statutes, regulations, or local ordinances or to operate jails or to maintain custody of individuals in jails, and any person or local agency authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities.
(e) “Local agency” means any city, county, city and county, special district, or other political subdivision of the state.
(f) “Serious felony” means any of the offenses listed in subdivision (c) of Section 1192.7 of the Penal Code and any offense committed in another state which, if committed in California, would be punishable as a serious felony as defined by subdivision (c) of Section 1192.7 of the Penal Code.
(g) “Violent felony” means any of the offenses listed in subdivision (c) of Section 667.5 of the Penal Code and any offense committed in another state which, if committed in California, would be punishable as a violent felony as defined by subdivision (c) of Section 667.5 of the Penal Code.


7282.5.

(a) A law enforcement official has the discretion to detain an individual on the basis of an immigration hold after that individual becomes eligible for release from criminal custody, if both of the following conditions are satisfied:
(1) The individual has been convicted of a serious or violent felony according to a criminal background check or documentation provided to the law enforcement official by United States Immigration and Customs Enforcement or is currently in custody for a charge of a serious or violent felony by a district attorney.
(2) The continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or any local policy.
(b) If either of the conditions set forth in subdivision (a) is not satisfied, an individual shall not be detained on the basis of an immigration hold after that individual becomes eligible for release from criminal custody.


SEC. 3.

The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

http://leginfo.legislature.ca.gov/fa...avClient.xhtml

Cesar Chavez's seasonal Mexican immigrant workers have now become the majority government in California.

Bill would limit immigrant detentions in jails

HANNAH DREIER, Associated Press
HANNAH DREIER, Associated Press
Updated 1:45 p.m., Friday, August 24, 2012

SACRAMENTO, Calif. (AP) — Lawmakers on Friday sent Gov. Jerry Brown a bill that would protect illegal immigrants who commit minor infractions from deportation.

AB1081, known as the Trust Act, would allow California to opt out of some parts of the federal Secure Communities program. That program requires local law enforcement officers to check the fingerprints of people they arrest against a federal immigration database and hold those who are in the country illegally.

Assemblyman Tom Ammiano, D-San Francisco, said the policy wastes resources and drives a wedge between immigrants and law enforcement agencies.

"Victims of crime, including domestic violence, are fearful of risking separation from their families and deportation," he said.

Several GOP lawmakers spoke against the bill Friday, saying it would take away an important tool for ridding California of law-breakers.

"This has become the be-kind-to-criminals Legislature," said Assemblyman Jim Nielson, R-Gerber.

AB1081 passed the Assembly on a party line, 44-23 vote after a lengthy debate.

As the debate became more heated, Ammiano said some of the bill's Republican opponents had "been in the sun too long building that silly fence," drawing a reprimand from Democratic house leadership.

The Trust Act would prevent local law enforcement officers from detaining arrestees for possible deportation unless the suspect had been charged with a serious or violent felony.

The bill has been dubbed "anti-Arizona" legislation, a reference to that state's immigrant identification law. Supporters argue that the Secure Communities program targets otherwise law-abiding immigrants who commit minor traffic infractions, sell food without a permit or are arrested on misdemeanors charges but never convicted.

The federal government has deported tens of thousands of people under the Secure Communities program, with the majority coming from California.

Since 2009, California law enforcement officials have turned over about 80,000 illegal immigrants for deportation; fewer than half had committed a serious or violent felony.

Trust Act advocates have long expected Gov. Jerry Brown, who previously served as California's attorney general, to present the biggest hurdle to the bill's passage. The Democratic governor has not taken a position on the legislation, according to spokesman Gareth Lacy.

Bill would limit immigrant detentions in jails - SFGate

Time for all non Democrats to leave California. JMO

The Assembly Friday passed and sent to Gov. Jerry Brown legislation that would prohibit law enforcement officers from detaining undocumented immigrants for federal authorities when they are released from criminal custody, unless they have a history of serious or violent crime.

This matches current federal actions.
I.C.E. can't deport anyone without a felony conviction so it doesn't make sense for local jails to hold people without a felony conviction
when I.C.E. isn't going to pick them up anyway.
But I still hope Gov. Brown vetoes it.

California taxpayers spend $65 million each year to detain illegal aliens for ICE.

http://www.alipac.us/f12/secure-comm...n-year-262977/

RELATED
http://www.alipac.us/f12/159-409-dep...2012-a-263004/

CA - 59,535 *