Thread: L.A. Sheriff Baca may defy proposed law easing immigration enforcement

Sheriff Baca may defy proposed law easing immigration enforcement

L.A. County sheriff is among the California officials who plan to side with the federal Secure Communities program on holding suspects, saying it outweighs the proposed Trust Act.

David A. Martin of ICE, left, talks to a detainee during an arrest in Chatsworth. The Trust Act would prohibit local authorities from complying with federal detention requests except when a suspect has been charged with a serious or violent crime. (Al Seib / Los Angeles Times / March 30, 2012)

By Cindy Chang, Los Angeles Times August 25, 2012

Los Angeles County Sheriff Lee Baca is among the California law enforcement officials who may defy a proposed state law and continue to detain arrestees who are illegal immigrants when asked to do so by federal authorities.

The Trust Act, which cleared the state Legislature on Friday, is the latest measure nationwide to push back against federal immigration policy, either by reducing or increasing enforcement. The law would prohibit local authorities from complying with federal detention requests except when a suspect has been charged with a serious or violent crime.

Sheriffs say that if the law is signed by Gov. Jerry Brown, it would put them in a difficult position by forcing them to renege on their obligations under the federal Secure Communities program, which deported about 400,000 undocumented immigrants in 2011.

"It would make me break either federal or state law. I would have to pick which one to break," Sonoma County Sheriff Steve Freitas said.

Brown, who supported Secure Communities when he was attorney general, has not indicated whether he will sign the Trust Act, a final version of which passed the Assembly on Friday on a 48-26 vote. Some sheriffs say they may end up disregarding the state law but are waiting to see what the governor will do. Baca has gone a step further, saying that he will respect detention requests from U.S. Immigration and Customs Enforcement despite state requirements.

"Our stance is that federal law trumps state law. If it were to move forward, we'd adhere to federal law, so we'd still honor ICE holds," Baca spokesman Steve Whitmore said.

The Secure Communities program calls for local law enforcement to share fingerprint databases with ICE. That means someone booked on a minor offense, such as trespassing or disturbing the peace, could come to immigration authorities' attention. ICE could then issue a request for the local agency to hold the suspect for up to 48 hours.

The Trust Act would prohibit sheriffs and police departments from honoring those hold requests, possibly drawing the ire of federal authorities as well as California sheriffs.

ICE Director John Morton has said a similar measure in Cook County, Ill., violates federal law. He has threatened to take away the federal funding that Cook County receives to jail immigration detainees.

Critics say Secure Communities ensnares immigrants committing minor infractions, such as the Sacramento tamale vendor who recently became a cause celebre when she was arrested on trespassing charges as she hawked her wares in a Wal-Mart parking lot. The woman, Juana Reyes-Hernandez, spent several weeks in jail while her two children were put in foster care. Her deportation case was eventually dismissed.

"Even if she did violate some civil infractions, what was used against her was horrible: the threat of deportation. We want to distinguish between the tamale lady and those who have in fact committed egregious crimes," Assemblyman Tom Ammiano (D-San Francisco), who authored the Trust Act, said on the Assembly floor Friday.

Fewer than a third of the roughly 80,000 people deported from California through Secure Communities since the state joined the program in 2009 were convicted of serious felonies. Most of the rest committed misdemeanors.

Critics of federal policies also cite the costs of keeping immigration detainees, an expenditure that is partially reimbursed by federal grants.

A study by the research group Justice Strategies concluded that ICE detainees stay at Los Angeles County jails an average of 20 days longer than other pre-trial inmates, costing as much as $26 million a year.
But some sheriffs said the cost is part of doing business.

"Does it cost us something? Yeah. But I don't find the costs prohibitive to effective and cooperative law enforcement," said San Diego County Sheriff William Gore, who may join Baca in defying the Trust Act if the governor signs it.

Divisions within California law enforcement highlight a national concern: In the absence of large-scale federal immigration reform, local jurisdictions are adopting divergent policies, leaving undocumented immigrants exposed to significantly different enforcement practices.

"This is one more fight between the federal government and local government because we continue to not solve the greater problem," said Wendy Sefsaf, communications director for the Immigration Policy Center.

Trust Act proponents hail the measure as a sharp turn from harsh policies in Arizona, which passed SB 1070, aimed at allowing local law enforcement to crack down on illegal immigration. The Supreme Court recently struck down major parts of the law.

If Brown signs the Trust Act, California would cement its reputation as one of the nation's more immigrant-friendly jurisdictions.

"California can lead the nation in preserving a community's well-being while leaving immigration duties to the federal government where they belong," said Jorge-Mario Cabrera, director of communications for the Coalition for Humane Immigrant Rights of Los Angeles. "We don't need to become an immigrant-chasing nuthouse."

But California sheriffs fear the law would put them at odds with the federal government.

"To do these types of things unwinds partnerships that have worked so well to protect the public," said Riverside County Sheriff Stan Sniff, who said he "wouldn't be surprised" if his department ends up defying the Trust Act.

cindy.chang@latimes.com

Baca may defy proposed law easing immigration enforcement - latimes.com

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http://www.alipac.us/f12/l-sheriff-l...d-guys-227176/

Sheriff Stan Sniff Asks Governor To Halt Illegal Immigration Legislation

“I oppose Assembly Bill 1081 and respectfully request that you veto this measure,” Sniff wrote to Gov. Jerry Brown on Friday.

• ByToni McAllister

• 4:14 pm

Embed|

In a letter to Governor Jerry Brown Friday, Riverside County Sheriff Stan Sniff is calling for a veto of AB 1081, otherwise known as the Trust Act.

A bill that would require local jail officials to release some illegal immigrants from custody has concerned Riverside County Sheriff Stan Sniff.

In a letter to Governor Jerry Brown Friday, the sheriff is calling for a veto of AB 1081, otherwise known as the Trust Act.

If signed by the governor, AB 1081 would prohibit local law enforcement agencies from detaining an illegal immigrant for deportation at the request of U.S. Immigration and Customs Enforcement (ICE) if that person is eligible for release from criminal custody.

Sniff wrote that enforcing U.S. immigration law is a federal responsibility with “shortfalls.”

“In the decade after 9/11, and in response to shortfalls in our national Homeland Security, we have honed close partnerships between federal, state, and local enforcement that this [bill] now directly undermines,” Sniff wrote. “In addition, law enforcement agencies have executed legal agreements that are directly impacted by this bill, and we potentially place at risk of cancelation or repayment, millions of dollars in federal grant funds of all types where we certify compliance with federal laws.

Or worse, we face years of protracted legal disputes, which will waste scarce county funds that are already very constrained.

“For these reasons,” Sniff continued, “I oppose Assembly Bill 1081 and respectfully request that you veto this measure.”

The state Assembly passed the bill in May; the state Senate passed it in early July.

The bill’s lead author Assemblyman Tom Ammiano (D-San Francisco), said, “[The] vote signals to the nation that California cannot afford to be another Arizona.”

“The bill ... limits unjust and onerous detentions for deportation in local jails of community members who do not pose a threat to public safety," he said.

The immigration detentions "are a drain on local resources" because state and local law enforcement agencies are not reimbursed by the feds for the cost of keeping non-criminals awaiting deportation in custody, according to the legislation's text.

AB 1081 would still allow immigration detainers to be placed on people who have not been released from criminal custody or have a serious or violent felony conviction.

Ammiano contends the Trust Act was introduced in February 2011 as a response to the federal "Secure Communities" or S-Comm deportation program, which the assemblyman describes as a parallel to Arizona’s controversial SB 1070. Under S-Comm, the FBI automatically sends fingerprints to ICE to check against its immigration databases. If the checks show a person is in the country illegally, ICE takes enforcement action.

Angela F. Chan, senior staff attorney at the Asian Law Caucus, a nonprofit civil rights organization located in San Francisco, said S-Comm encourages racial profiling by law enforcement.

"About 76 percent of the 2,460 residents deported under the S-Comm program from Riverside County are individuals without criminal records or those arrested for lesser offenses, including misdemeanors and traffic violations," Chan said.

As of early July, 72,000 people in California had been removed from the country under S-Comm and seven in 10 were deported with either no conviction or for minor offenses, Ammiano contends.

But Immigration and Customs Enforcement defends S-Comm.

“Secure Communities has proven to be the single most valuable tool in allowing the agency to eliminate the ad hoc approach of the past and focus on criminal aliens and repeat immigration law violators,” according to ICE Western Regional Communications Director Virginia Kice.

“Since ICE implemented Secure Communities in Oct. 2008 [through April 30, 2012, the initiative has resulted in the removal of 189,744 persons [nationwide]. Nearly 75 percent of those individuals [141,005] had prior criminal convictions,” Kice said. (Click here to read about ICE's defense of its policy.)

Sheriff Stan Sniff Asks Governor To Halt Illegal Immigration Legislation - Palm Desert, CA Patch

Villaraigosa urges Brown to sign immigration bill

September 5, 2012 | 12:32pm

Los Angeles Mayor Antonio Villaraigosa on Wednesday urged Gov. Jerry Brown to sign legislation that would prohibit local law enforcement from detaining arrestees who are illegal immigrants as well as effectively blunt federal deportation efforts.

Villaraigosa's comments came during a lunch panel at the Democratic National Convention in Charlotte, N.C., where the mayor is serving as chairman of the proceedings. Asked about the measure, which passed the Legislature last week, he said the governor should "absolutely" sign it.

"Gov. Brown should sign it," Villaraigosa said at the panel event, which was sponsored by the National Journal, ABC News and Univision. "I expect him to sign it."

He added: “California needs to be different from Arizona."

Advocates of the bill have argued that California should use the legislation to distinguish itself from such states as Arizona, which sparked a national firestorm with its tough anti-illegal-immigration law.

The California measure is aimed at blunting federal immigration enforcement, in particular the Secure Communities program, under which fingerprints of arrestees are shared with immigration officials who can issue hold orders.

Advocates say the proposed state legislation will prevent illegal immigrants from being detained and possibly deported for relatively minor legal entanglements such as traffic infractions and misdemeanors. Under the bill, arrestees who have previous convictions for a serious or violent felony will still be detained.

Los Angeles County Sheriff Lee Baca is among the California sheriffs who have said they plan to defy the legislation if Brown signs it, and continue to hold suspects when requested to do so by federal authorities.

Sheriffs say the measure would put them in a difficult position by forcing them to renege on their obligations to the federal government.

Villaraigosa urges Brown to sign immigration bill - latimes.com

"Our stance is that federal law trumps state law. If it were to move forward, we'd adhere to federal law, so we'd still honor ICE holds," Baca spokesman Steve Whitmore said.

Obama went after Arizona's SB 1070 saying basically the same thing, federal law trumps state law. However he won't go after states who advocate for and protect illegals, just those who try to enforce immigration laws.

DREAM Act-eligible youth rally for TRUST Act, protest Sheriff Baca

By Ruxandra Guidi | 6:37pm


Anibal Ortiz / KPCC

Veronica Martinez, 22, of Los Angeles are led away from the corner of Bauchet and Vignes where they were detained for unlawful assembly, Thursday, September 6, 2012 in Los Angeles Calif. A crowd of Trust Act supporters marched a short distance before stationing themselves on the corner in front of the Men's Central Jail in order to protest Sheriff Lee Baca and Secure Communities, which allows local police agencies to fingerprint and detain undocumented immigrants in jail.

Anibal Ortiz / KPCC

A crowd of Trust Act supporters marched a short distance before stationing themselves on the corner in front of the Men's Central Jail in order to protest Sheriff Lee Baca and Secure Communities, which allows local police agencies to fingerprint and detain undocumented immigrants in jail, Thursday, September 6, 2012 in Los Angeles Calif. At least 5 people were detained.

Anibal Ortiz / KPCC

A group of protestors stand their ground on the corner of Bauchet and Vignes where they were detained for unlawful assembly, Thursday, September 6, 2012 in Los Angeles Calif. A crowd of Trust Act supporters marched a short distance before stationing themselves on the corner in front of the Men's Central Jail in order to protest Sheriff Lee Baca and Secure Communities, which allows local police agencies to fingerprint and detain undocumented immigrants in jail.

Anibal Ortiz / KPCC

Veronica Martinez, 22, of Los Angeles raises her to receive a number that will help identify her once she is detained by police on the corner of Bauchet and Vignes, Thursday, September 6, 2012 in Los Angeles Calif. A crowd of Trust Act supporters marched a short distance before stationing themselves on the corner in front of the Men's Central Jail in order to protest Sheriff Lee Baca and Secure Communities, which allows local police agencies to fingerprint and detain undocumented immigrants in jail.

Anibal Ortiz / KPCC

Protestors block the path of a Sheriff's vehicle on the corner of Bauchet and Vignes, Thursday, September 6, 2012 in Los Angeles Calif. A crowd of Trust Act supporters marched a short distance before stationing themselves on the corner in front of the Men's Central Jail in order to protest Sheriff Lee Baca and Secure Communities, which allows local police agencies to fingerprint and detain undocumented immigrants in jail.

Anibal Ortiz / KPCC

Claudia Rueda, front, 17, and Veronica Martinez, rear, 22, of Los Angeles are led away from the corner of Bauchet and Vignes where they were detained for unlawful assembly, Thursday, September 6, 2012 in Los Angeles Calif. A crowd of Trust Act supporters marched a short distance before stationing themselves on the corner in front of the Men's Central Jail in order to protest Sheriff Lee Baca and Secure Communities, which allows local police agencies to fingerprint and detain undocumented immigrants in jail.

Anibal Ortiz / KPCC

Dozens of undocumented immigrants gathered outside of the Mens’ Jail in downtown Los Angeles to rally for a state bill that would curb police enforcement of immigration law.

Many of the young people looked straight out of high school or college, clad in tight jeans and T-shirts, and spiked hair. Over the last couple of years, this core group of unlawful young immigrants has become more radicalized and outspoken about immigration enforcement.

The group took over an intersection and blocked traffic. More than 30 minutes passed before police and firemen came to the scene and gave ample warning before making arrests.

First, they rallied for the DREAM Act; now, they’re rallying for the TRUST Act. If signed into law by Governor Brown by the end of the month, the TRUST Act will require local police to release immigrants who have been arrested once their bond is posted, as long as they have no serious convictions.

“You know, I’m American in every way but on paper," said Nicolas Lotorto, a 32-year old undocumented immigrant from Argentina. "I’ve been here my entire life, and I’m not going to be walking through the streets so that a police officer can tell me ‘let me see your papers’. I don’t have to, this is America.”

Under California law, police do not ask people on the street for papers; among many DREAMers, there’s still confusion about what the TRUST Act is and how it would affect immigration enforcement.

Lotorto was among four people who wouldn’t budge, sitting in the middle of the street.

“I’m not really worried too much about the implications," he said. "I’m just more worried about the message getting out there to Sheriff Baca that no human is illegal, so please understand that…”

Lotorto was detained alongside four others for unlawful assembly. A Sheriff’s spokesman wouldn’t answer questions about the protest nor the department’s stance on the TRUST Act.

DREAM Act-eligible youth rally for TRUST Act, protest Sheriff Baca | 89.3 KPCC

Six arrested in immigration protest at L.A. County jail

September 6, 2012 | 8:12 pm


Six people were arrested outside the downtown L.A. county jail during a protest over immigration and law enforcement policies, police said Thursday evening.

The activists were protesting what they contend are Los Angeles County Sheriff Lee Baca's "destructive policies that have lead to the deportations of thousands each year," according to a statement sent to reporters.

The activists were also urging Gov. Jerry Brown to sign the Trust Act, which would prohibit local authorities from complying with federal detention requests except when a suspect has been charged with a serious or violent crime.

Baca has said that, if the act is signed into law, he will defy it because it would force him to disobey a federal law that requires local law enforcement authorities to share fingerprint databases with immigration authorities.

"Federal law trumps state law," Baca spokesman Steve Whitmore said Thursday evening.

Under the federal law, known as the Secure Communities program, the Sheriff's Department has been providing information to immigration officials after people convicted of crimes have served their county sentences.

The protesters Thursday said Baca's deputies have aided in the deportation of people for "things like minor traffic tickets, riding a bike on the sidewalk, or even calling the police for help."

Fewer than one-third of the roughly 80,000 people deported from California through Secure Communities since the state joined the program in 2009 were convicted of serious felonies. Most of the rest committed misdemeanors.

Of the six people arrested, five were apprehended on suspicion of failing to disperse. The other allegedly battered a firefighter, the Los Angeles Police Department said.

Six arrested in immigration protest at L.A. County jail - latimes.com