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AB 937
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<br />author intends to amend the bill to add additional intent language, clarifying that it is the intent
<br />of the bill to be consistent with federal law. Secon d, the author proposes to add a severability
<br />clause to the bill so that in the event that any portion of the bill should be invalidated, other
<br />portions of the bill would remain in effect.
<br />The bill, which recently was approved by the Assembly Public Safety Committee, is co-sponsored
<br />by a large coalition of social justice organizations led by Asian Americans Advancing Justice –
<br />Asian Law Caucus and supported by dozens of civil rights, criminal justice reform, and
<br />immigrant advocacy organizations. It is opposed by three law enforcement organizations:
<br />Calif ornia Police Chiefs Association, California State Sheriffs' Association , and Peace Officers
<br />Research Association of California (PORAC).
<br />SUMMARY: Prohibits state and local law enforcement agencies from cooperating with federal
<br />immigration authorities, or assisting in the detention, deportation, interrogation, of an individual
<br />by immigration enforcement. Specifically, this bill:
<br />1) Specifies that a state or local agency shall not arrest or assist with the arrest, confinement,
<br />detention, transfer, interrogation, or deportation of an individual for an immigration
<br />enforcement purpose in any manner including, but not limited to, by notifying another
<br />agency or subcontractor thereof regarding the release date and time of an individual,
<br />releasing or transferring an individual into the custody of another agency or subcontractor
<br />thereof, or disclosing personal information, as specified, about an individual, including, but
<br />not limited to, an individual’s date of birth, work address, home address, or parole or
<br />probation check in date and time to another agency or subcontractor thereof.
<br />2) States that the prohibition described above shall apply notwithstanding any contrary
<br />provisions in the California Values Act, as specified, which allows law enforcement to
<br />cooperate with immigration authorities in limited circumstances.
<br />3) Specifies that this bill does not prohibit compliance with a criminal judicial warrant.
<br />4) Prohibits a state or local agency or court from using immigra tion status as a factor to deny or
<br />to recommend denial of probation or participation in any diversion, rehabilitation, mental
<br />health program, or placement in a credit-earning program or class, or to determine custodial
<br />classification level, to deny mandato ry supervision, or to lengthen the portion of supervision
<br />served in custody.
<br />5) Defines the following terms for purposes of this bill:
<br />a) “Immigration enforcement” includes “any and all efforts to investigate, enforce, or assist
<br />in the investigation or enforceme nt of any federal civil immigration law, and also
<br />includes any and all efforts to investigate, enforce, or assist in the investigation or
<br />enforcement of any federal criminal immigration law that penalizes a person’s presence
<br />in, entry, or reentry to, or employment in, the United States.”
<br />b) “State or local agency” includes, but is not limited to, “local and state law enforcement
<br />agencies, parole or probation agencies, the Department of Juvenile Justice, and the
<br />Department of Corrections and Rehabilitation.”
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