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AB 937 <br /> Page 3 <br />6) Specifies that in addition to any other sanctions, penalties, or remedies provided by law, a <br />person may bring an action for equitable or declaratory relief in a court of competent <br />jurisdiction against a state or local agency or state or local official that violates this section. A <br />state or local agency or official that violates this section is also liable for actual and general <br />damages and reasonable attorney’s fees. <br />7) Repeals statutory provisions directing California Department of Corrections and <br />Rehabilitation (CDCR) to implement and maintain procedures to identify inmates serving <br />terms in state prison who are undocumented aliens subject to deportation. <br />8) Repeals statutory provisions directing CDCR and California Youth Authority to implement <br />and maintain procedures to identify, within 90 days of assuming custody, inmates who are <br />undocumented felons subject to deportation and refer them to the United States Immigration <br />and Naturalization Service. <br />9) Repeals statutory provisions directing CDCR to cooperate with the United States <br />Immigration and Naturalization Service by providing the use of prison facilities, <br />transportation, and general support, as needed, for the purposes of c onducting and expediting <br />deportation hearings and subsequent placement of deportation holds on undocumented aliens <br />who are incarcerated in state prison. <br />10) Repeals the statutory directive to include place of birth (state or country) in state or local <br />criminal offender record information systems. <br />11) States that, to ensure an equitable opportunity for noncarceral, rehabilitative and diversionary <br />dispositions or custody status to all persons involved in the criminal legal system, <br />irrespective of immigration status, it is the intent of the Legislature to abrogate case law that <br />is inconsistent with this value, including, but not limited to, People v. Sanchez (1987) 190 <br />Cal.App.3d 224; People v. Cisneros (2000) 84 Cal.App.4th 352; People v. Espinoza (2003) <br />107 Cal.App.4th 1069; People v. Arce (2017) 11 Cal.App.5th 613. <br />12) Makes other findings and declarations. <br />EXISTING FEDERAL LAW: <br />1) Provides that any authorized immigration officer may at any time issue an Immigration <br />Detainer-Notice of Action, to any other federal, state, or local law enforcement agency, <br />which serves to advise another law enforcement agency that the Department of Homeland <br />Security (DHS) seeks custody of an alien presently in the custody of that agency, for the <br />purpose of arresting and removing the alien; the detainer requests that the notified agency <br />advise the DHS, prior to release of the alien, in order for the DHS to arrange to assume <br />custody, in situations when gaining immediate physical custody is eithe r impracticable or <br />impossible. (8 C .F.R. Section 287.7 (a).) <br />2) Requires that, upon a determination by the DHS to issue a detainer for an alien not otherwise <br />detained by a criminal justice agency, such agency shall maintain custody of the alien for a <br />period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays in order to permit <br />assumption of custody by the DHS. (8 C.F.R. Section 287.7 (d).)