CA bill requiring state to cooperate with ICE for migrant convicts blocked in legislature
ICE is not allowed to enter jails to screen for immigration status, and local police are not allowed to ask criminals about their immigration status or report a criminal to ICE.
(The Center Square) -
(The Center Square) - According to federal law enforcement officials, California’s sanctuary state policy that prohibits immigration enforcement in the state jail and prison system is responsible for many of the recent raids.
Earlier this year, California legislators quashed a proposed bill that would have required local law enforcement to cooperate with federal immigration authorities for illegal immigrants convicted of serious and violent felonies. The bill's author - Senate Minority Leader Brian Jones, R-San Diego - said the legislation would have resulted in the need for fewer ICE raids.
A Senate bill passed by Democrats, called the California Values Act, is being blamed by Republicans for the increase in raids. Democratic Gov. Jerry Brown signed it in 2017.
“SB 54 (Sanctuary State) is the reason you are seeing large-scale enforcement operations in California,” said U.S. Attorney Bill Essayli, who served as a state Assemblyman until his federal appointment, on X. “We would much rather work with local law enforcement to focus on those involved in criminal activity, but CA law makes that illegal.”
Essayli further detailed that under SB 54, local jails are unable to honor U.S Immigration and Customs Enforcement detainers — requests that the jails hold individuals until ICE can take custody. ICE is not allowed to enter jails to screen for immigration status, and local police are not allowed to ask criminals about their immigration status or report a criminal to ICE.
“Accordingly, ICE has no choice but to go into the community and look for the criminals who have been released by local authorities,” continued Essayli.
On June 6, on the first day of Los Angeles’s ongoing immigration-enforcement-related protests and riots, Los Angeles Police Department Chief Jim McDonnell reiterated the department’s policy on cooperation with ICE, including its desire to ensure all residents feel comfortable calling for police assistance and reporting crimes.
“The LAPD is not involved in civil immigration enforcement. While the LAPD will continue to have a visible presence in all our communities to ensure public safety, we will not assist or participate in any sort of mass deportations, nor will the LAPD try to determine an individual’s immigration status,” said McDonnell. “Since 1979, our policy has barred officers from initiating police action solely to determine a person’s immigration status ... I want everyone, including our immigrant community, to feel safe calling the police in their time of need and know that the LAPD will be there for you without regard to one’s immigration status.”
Jones’ SB 554, which failed to pass the Senate Public Safety Committee, would have required that California law enforcement agencies provide requested release dates to federal immigration officials for individuals convicted of serious or violent felonies or wobblers - crimes serious enough to be prosecuted as either a felony or a misdemeanor. Eligible convictions include rape, robbery, human trafficking, and committing a crime while out on bail or while released under one’s own recognizance.
“California Republicans had a solution in our Senate Bill 554, but the ‘Sanctuary City’ crowd brought this on themselves by prohibiting state and local law enforcement from cooperating with the Feds to identify violent illegal immigrants in prisons and jails,” said Jones, regarding the ongoing protests and riots. “Now the Feds have to run broader raids, like what we’re seeing in LA, which sweep up way more people. This whole thing was easily preventable.”
Opponents of SB 554, such as the Immigrant Legal Resource Center, say the bill would have increased deportations.
“In a time when immigrants and their loved ones are facing widespread fear from the current presidential administration, SB 554 would not only exacerbate fear, but roll back years of local progress that promotes building strong, and safe communities,” wrote ILRC in opposition. “Sen. Jones wants to use our local and state tax dollars to turn more Californians over to the Trump administration.”
The bill failed along party lines, with one vote in favor from state Sen. Kelly Seyarto, R-Murietta, and four votes against from state Sens. Jesse Arreguín, D-Berkeley; Anna Caballero, D-Merced; Lena Gonzalez, D-Long Beach; Sasha Pérez, D-Alhambra, and Scott Wiener, D-San Francisco.