ICE says new state law could keep dangerous immigrants in US

By Bob EgelkoUpdated 7:45 pm, Thursday, October 13, 2016

A new California law requiring detained immigrants to be notified of their rights before questioning by federal agents violates U.S. law and could interfere with deportation of dangerous people, a federal agency said Thursday.

The state legislation, AB2792 by Assemblyman Rob Bonta, D-Alameda, is “in conflict with federal law,” U.S. Immigration and Customs Enforcement said. The agency stopped short of announcing a legal challenge, an action that may depend on the outcome of the presidential election.

AB2792, signed by Gov. Jerry Brown in September, applies to noncitizens who have been arrested on criminal charges and have been identified by immigration officials as subject to deportation. A 2013 law signed by Brown eliminated a requirement that local law enforcement agencies keep such immigrants in custody and turn them over to federal officers.

But most local jails still comply with federal orders to notify immigration officers when someone on the deportation list is about to be released.

The new state law, effective in January, requires local officers to notify immigrants that they have the right to refuse to speak to a federal agent or to have a lawyer present during questioning.

In any city or county that is cooperating with immigration officers, AB2792 also requires local officials to hold an annual community forum, starting in 2018, to explain their relationship with the federal agency and receive public comments.

In a statement after Brown signed the measure, Bonta said the law would “protect the rights of immigrants and shine a light on flawed federal priorities.” Under federal detention and deportation policies, he said, “parents and children are being separated from their families. Trust in law enforcement is disappearing.”

But U.S. Immigration and Customs Enforcement, commonly known as ICE, said Thursday that AB2792 would conflict with federal law by requiring local officers to advise noncitizens that they could refuse federal interrogation unless a lawyer was present.

“Conducting in-person interviews with incarcerated foreign nationals aids in ICE’s efforts to obtain accurate information from these individuals and make appropriate decisions about future enforcement actions,” the agency said.

“ICE is deeply concerned this new law will impede the agency’s efforts to identify and ultimately deport individuals deemed to be a danger. The agency remains staunchly committed to using every resource and tool at its disposal to promote public safety, but we believe this law will hamper that mission.”

In response, Angela Chan, an Asian Law Caucus attorney who helped to draft Bonta’s bill, said the Constitution and federal law allow anyone, including immigrants, to have a lawyer present while being questioned by officers in custody.

“With these false statements about the law, it looks like ICE is doubling down on its well-documented tactics of deception and obfuscation,” she said.

ICE says new state law could keep dangerous immigrants in US ...