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AB-85 Law enforcement: cooperation with immigration authorities.(2025-2026)



Current Version: 12/20/24 - Introduced

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AB85:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 85

Introduced by Assembly Member Essayli

December 20, 2024

An act to add Section 7282.7 to the Government Code, relating to law enforcement.


LEGISLATIVE COUNSEL'S DIGEST


AB 85, as introduced, Essayli. Law enforcement: cooperation with immigration authorities.
Under existing law, a law enforcement official has limited discretion to cooperate with immigration authorities, and may only provide information regarding a person’s release date or transfer an individual to immigration authorities without a judicial warrant or probable cause determination if the individual has been convicted of specified crimes, including, but not limited to, serious and violent felonies, as specified, and only if doing so would not violate any federal, state, or local law, or local policy.
Notwithstanding those provisions, this bill would instead require law enforcement officials to cooperate with immigration authorities by detaining and transferring an individual and providing release information if a person has been convicted of a felony. By requiring local law enforcement to comply with requests from immigration authorities, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 7282.7 is added to the Government Code, to read:

7282.7.
 (a) Notwithstanding Section 7282.5 or 7284.6, law enforcement officials shall, for an individual described in subdivision (b), cooperate with immigration authorities in any of the following circumstances:
(1) Providing information regarding a person’s release date or responding to requests for notification by providing release dates in response to a notification request from immigration authorities.
(2) Transferring an individual to immigration authorities in response to a transfer request.
(3) Detaining an individual on the basis of a hold request.
(b) Law enforcement officials shall cooperate with immigration authorities pursuant to subdivision (a) for an individual who has been convicted of a felony.
(c) For the purposes of this section, “immigration authorities” shall have the same meaning as provided in subdivision (c) of Section 7284.4.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.