California Legislature Clears Anti-Secure Communities Bill
The California Assembly cleared for Gov. Jerry Brown’s consideration a bill (AB 4) that would bar state and local police from holding illegal aliens for deportation under the federal Secure Communities program unless they have been convicted of certain crimes. The governor, who vetoed a similar measure last year, has until October 13th to sign or veto the measure.
The measure, known as the TRUST (Transparency and Responsibility Using State Tools) Act, is seen as an attack on the Secure Communities program, which facilitates the deportation of removable aliens arrested by local police. Jurisdictions that participate in Secure Communities automatically share with ICE the fingerprints of all those booked or arrested. ICE then evaluates whether illegal aliens should be deported based on severity of their crime, their criminal history, and other factors such as repeated violations of immigration laws. ICE requests a “detainer” or hold for illegal aliens targeted for deportation or needing additional investigation.
Unlike last year’s bill, AB 4 details a series of criminal convictions that make illegal aliens eligible for ICE detainers. Most involve violent crimes although some non-violent convictions would still be eligible, such as felony DUI. The bill also would allow police to comply with an ICE hold if an illegal alien has outstanding felony arrest warrants, even if not yet convicted. But police cannot hold illegal aliens with no apparent records, simple misdemeanor convictions or a prior deportation order.
Advocates for illegal aliens have long complained that Secure Communities has led to the deportation of illegal aliens who were stopped by police on minor, nonviolent offenses, such as street vending or traffic violations. Stressing this point during debate on the measure, bill sponsor Sen. Kevin de Leon said, "Innocent people have been deported." Advocates claim the program has lead to the deportation of 80,000 illegal aliens in California.
But opponents of the bill worry that dangerous people will be released on the streets if ICE or local police do not have an opportunity for further investigation. Sen. Jim Nielsen, who once headed the state's parole board, said during bill debate, "(Detainers are) a critical tool to law enforcement. You're throwing it in the wastebasket."
In 2012, former ICE Director John Morton told Congress that ignoring ICE detainer requests undermines public safety in communities. And more recently, an ICE official relayed the same concerns to the King County (Washington) Council, which was considering an anti-detainer ordinance. The official told the Council that detainers are a needed safeguard against premature release because illegal aliens convicted of minor crimes could have more significant criminal records that aren’t readily apparent.
Opponents also argued that AB 4 could jeopardize federal funding under the State Criminal Alien Assistance Program, which reimburses jurisdictions that hold illegal aliens for federal officials. As the Secure Communities program expanded across the nation, ICE warned a number of objecting jurisdictions about the possible loss of SCAAP funds.
A number of police chiefs and a few elected law enforcement officials like Los Angeles County Sheriff Lee Baca supported the bill, but others remained opposed. Aaron Maguire of the California State Sheriff’s Association said, “We remain opposed. The bill, no question about it, is a vast improvement over the previous iteration that got sent down to the governor’s desk last year. And so we appreciate the amendments that were taken to address the issue of people committing prior crimes. However, we do remain concerned about the bill.”
As Attorney General, Brown signed the state’s Secure Communities partnership agreement in 2009. Last year, Gov. Brown vetoed a similar measure which he said it was “fatally flawed” because it precluded honoring detainers for serious crimes involving child abuse, drug trafficking and gang activity. Bill sponsors worked with Brown’s office early on this year and believe AB 4 addresses his concerns.