Bill > AB1081

This bill establishes new standards for state and local law enforcement agencies in California when responding to requests from U.S. Immigration and Customs Enforcement (ICE) to detain individuals for immigration purposes, known as "immigration holds" or "immigration detainers." The bill clarifies that these holds are requests to hold an individual for up to 48 hours (excluding weekends and holidays) beyond their eligibility for release from criminal custody, and that law enforcement officials have the discretion to comply. However, this discretion is limited: an individual can only be detained on an immigration hold if they have been convicted of a serious or violent felony, or are currently in custody for such a charge, and if the continued detention would not violate any federal, state, or local law or policy. If these conditions are not met, the individual cannot be detained on an immigration hold after becoming eligible for release from criminal custody. The bill also defines key terms like "conviction," "eligible for release from criminal custody," "immigration hold," "law enforcement official," "local agency," "serious felony," and "violent felony" to ensure consistent application of these new standards. The Legislature's intent is to prevent state and local agencies from being compelled to enforce federal immigration law and to avoid undermining community policing efforts by ensuring that individuals, particularly victims or witnesses of crimes, are not deterred from cooperating with law enforcement due to fear of deportation.