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AB-1073 Immigration enforcement activities.(2019-2020)

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Date Published: 04/12/2019 09:00 PM
AB1073:v98#DOCUMENT

Amended  IN  Assembly  April 12, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1073


Introduced by Assembly Member Blanca Rubio

February 21, 2019


An act to add Section 7284.7 to amend Section 7284.8 of the Government Code, relating to the immigration.


LEGISLATIVE COUNSEL'S DIGEST


AB 1073, as amended, Blanca Rubio. Immigration enforcement: shelters: sensitive locations. enforcement activities.
The California Values Act prohibits a California law enforcement agency from detaining an individual on the basis of a hold request by the United States Immigration and Customs Enforcement (ICE), assisting federal immigration authorities with certain activities, inquiring into an individual’s immigration status, or engaging in other specified activities relating to a person’s immigration status. The act required the Attorney General to publish, by October 1, 2018, model policies limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law at public schools, public libraries, health facilities operated by the state or a political subdivision of the state, courthouses, specified state facilities related to labor protections and benefits, and shelters. The act requires some specified entities, and encourages other entities, to comply with the model policies.
This bill would specifically authorize the Attorney General to enter into a memorandum of understanding with ICE to establish appropriate limitations on immigration enforcement activities at the locations described above and other specified locations that provide or relate to victim services.

Existing law prohibits a state or local law enforcement agency, including school police and security departments, from using money or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes and, subject to exceptions, proscribes other activities or conduct in connection with immigration enforcement by law enforcement agencies. Existing law required the Attorney General to publish, by October 1, 2018, model policies limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law at public schools, public libraries, health facilities operated by the state or a political subdivision of the state, courthouses, and shelters, among other places.

The United States Immigration and Customs Enforcement (ICE) published in 2011 a memorandum for field office directors describing the procedures for enforcement actions at or focused on “sensitive locations.” The memorandum described several sensitive locations, including schools, hospitals, and institutions of worship.

This bill would authorize the Attorney General to enter into a memorandum of understanding with ICE to treat shelters in this state that provide services to individuals who are victims of domestic violence or sexual assault as sensitive locations for purposes of federal immigration enforcement activities.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 7284.8 of the Government Code is amended to read:

7284.8.
 (a) The Attorney General, by October 1, 2018, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law at public schools, public libraries, health facilities operated by the state or a political subdivision of the state, courthouses, Division of Labor Standards Enforcement facilities, the Agricultural Labor Relations Board, the Division of Workers Compensation, and shelters, and ensuring that they remain safe and accessible to all California residents, regardless of immigration status. All public schools, health facilities operated by the state or a political subdivision of the state, and courthouses shall implement the model policy, or an equivalent policy. The Agricultural Labor Relations Board, the Division of Workers’ Compensation, the Division of Labor Standards Enforcement, shelters, libraries, and all other organizations and entities that provide services related to physical or mental health and wellness, education, or access to justice, including the University of California, are encouraged to adopt the model policy.
(b) For any databases operated by state and local law enforcement agencies, including databases maintained for the agency by private vendors, the Attorney General shall, by October 1, 2018, in consultation with appropriate stakeholders, publish guidance, audit criteria, and training recommendations aimed at ensuring that those databases are governed in a manner that limits the availability of information therein to the fullest extent practicable and consistent with federal and state law, to anyone or any entity for the purpose of immigration enforcement. All state and local law enforcement agencies are encouraged to adopt necessary changes to database governance policies consistent with that guidance.
(c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2), the Department of Justice may implement, interpret, or make specific this chapter without taking any regulatory action.
(d) The Attorney General is authorized to enter into a memorandum of understanding with the United States Immigration and Customs Enforcement to establish appropriate limitations on immigration enforcement activities at specified locations that provide services, including, but not limited to, locations enumerated in subdivision (a), locations designated by the Secretary of State pursuant to Section 6208.5, and other locations of victim service providers, as defined in subdivision (c) of Section 1798.79.8 of the Civil Code.

SECTION 1.Section 7284.7 is added to the Government Code, to read:
7284.7.

The Attorney General is authorized to enter into a memorandum of understanding with the United States Immigration and Customs Enforcement to treat shelters in this state that provide services to individuals who are victims of domestic violence or sexual assault as sensitive locations for purposes of federal immigration enforcement activities.