Bill > A1065

Introduced Session

This bill establishes certain procedures to be followed by State, county, or municipal law enforcement agencies and State or county correctional facilities when responding to voluntary requests for information or detainers issued by federal immigration authorities. 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 a federal immigration detainer request. In addition, states are not required to comply with federal immigration detainer requests, information requests, or transfer requests. The United States Third Circuit Court of Appeals in Galarza v. Szalczyk, 745 F.3d 634 (3d Cir. Pa. 2014) held that states and localities are not required to hold people based on detainers issued by federal immigration authorities. The third circuit's decision was recognized by the United States District Court for the District of Oregon in Miranda-Olivares v. Clackamas County, 2014 U.S. Dist. LEXIS 50340 (D. Or. Apr. 11, 2014), which held that a plaintiff's detention based on an "investigatory" detainer issued by immigration authorities violated the plaintiff's Fourth Amendment rights under the United States Constitution. Under current federal law, an authorized immigration officer may request a State or local law enforcement agency to continue to detain a noncitizen for a limited time (up to 48 hours plus weekends and federal holidays) after the noncitizen is eligible for release from criminal custody in order to give immigration authorities time to take the noncitizen into federal custody. In addition, federal immigration authorities may request a law enforcement agency to inform them of the release of a noncitizen from criminal custody or facilitate the transfer of a noncitizen to the custody of immigration authorities. However, compliance by State, county, and municipal law enforcement is not mandatory. This bill provides that State, county, or municipal law enforcement agencies and State or county correctional facilities are only to comply with these federal immigration requests when the person of interest has been convicted of a serious crime. The bill provides that State, county, or municipal law enforcement agencies and State or county correctional facilities are not to notify, transfer, or detain any person on the basis of an immigration notification unless that person has been convicted of a serious crime, including: murder; aggravated manslaughter or manslaughter; vehicular homicide; aggravated assault; disarming a law enforcement officer; kidnapping; sexual assault; robbery; carjacking; arson and related offenses; burglary; theft by extortion; booby traps in manufacturing or distribution facilities; strict liability for drug-induced deaths; terrorism; producing or possessing chemical weapons, biological agents or nuclear or radiological devices; unlawful possession of a weapon; racketeering, when it is a crime of the first degree; firearms trafficking; endangering the welfare of a child; or any crime or offense involving domestic violence. The bill does not prohibit a State, county, or municipal employee, entity, or agency from sharing information regarding a person's citizenship or immigration status with another Federal, State, or local government entity in accordance with federal law. This bill is based on California's "Trust Act," which limits the state's cooperation with federal immigration authorities.

AI Summary

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William Sampson (D)*, 

Introduced, Referred to Assembly Public Safety and Preparedness Committee (on 01/09/2024)

Official Document