Item 21 - Assembly Bill 937 (the “VISION Act”)

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AB 937 Page 10 purely because they are refugees or immigrants. Ending ICE transfers in California is a necessary step in fulfilling the state’s commitment to ending racial injustice and mass incarceration.” 7) Argument in Opposition: According to the Peace Officers Research Association of California, “AB 937 would prohibit any state or local agency from arresting or assisting with the arrest, confinement, detention, transfer, interrogation, or deportation of an individual for an immigration enforcement purposes. The bill would additionally prohibit state or local agencies or courts from using immigration status as a factor to deny or to recommend denial of probation or participation in any diversion, rehabilitation, mental health program, or placement in a credit-earning program or class, or to determine custodial classification level, to deny mandatory supervision, or to lengthen the portion of supervision served in custody. “Congress defined our nation’s immigration laws in the Immigration and Nationality Act (INA), which contains both criminal and civil enforcement measures. PORAC cannot support a State bill that forces our States public safety officers to stand by while our federal counterparts are injured or killed in the performance of their duties. In addition, if the federal government requires our involvement, such as temporarily housing an undocumented arrestee, then it is our responsibility to adhere to the needs of the federal government. This proposed legislation puts local law enforcement in a no-win situation, having to choose between state and federal laws.” 8) Related Legislation: AB 263 (Bonta), would specify that private detention centers are subject to state and local health orders. AB 263 is on the Assemb ly Floor. 9) Prior Legislation: a) AB 2596 (Bonta), of the 2019-2020 Legislative Session, would have eliminated the existing ability for law enforcement agencies to cooperate with federal immigration authorities by giving them notification of release for inmates or facilitating inmate transfers. AB 2596 was never heard in Assembly Public Safety. b) AB 2948 (Allen), of the 2017-2018 Legislative Session, would have repealed the California Values Act SB 54, which defines the circumstances under which law enforcement agencies may assist in the enforcement of federal immigration laws and participate in joint law enforcement task forces. AB 2948 failed passage in the Assembly Public Safety Committee. c) AB 2931 (Patterson), of the 2017-2018 Legislative Session, would have expanded the list of qualifying criminal convictions which permit law enforcement to cooperate with federal immigration authorities. AB 2931 failed passage in the Assembly Public Safety Committee. d) AB 298 (Gallagher), of the 2017-2018 Legislative Session, would have repealed the TRUST Act and required law enforcement to cooperate with federal immigration by detaining an individual convicted of a felony for up to 48 hours on an immigration hold, as specified, after the person became eligible for release from custody. AB 298 failed passage in this committee.