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AB 937 <br /> Page 4 <br />3) Authorizes the Secretary of Homeland Security to enter into agreements that delegate <br />immigration powers to local police. (8 U.S.C. Section 1357 (g).) <br />4) States that notwithstanding any other provision of Federal, State, or local law, a Federal, <br />State, or local government entity or official may not prohibit, or in any way restrict, any <br />government entity or official from sending to, or receiving from, the Immigration and <br />Naturalization Service information regarding the citizenship or immigration status, lawful or <br />unlawful, of any individual. (8 U.S.C. 1373 (a).) <br />5) States that notwithstanding any other provision of Federal, State, or local law, no State or <br />local government entity may be prohib ited, or in any way restricted, from sending to or <br />receiving from the Immigration and Naturalization Service information regarding the <br />immigration status, lawful or unlawful, of an alien in the United States. (8 U.S.C. 1644.) <br />EXISTING STATE LAW: <br />1) Defines a “California law enforcement agency” to mean a state or local law enforcement <br />agency, including school police or security departments, but not to include the Department of <br />Corrections and Rehabilitation. (Government Code Section 7284.4 (a). All further statutory <br />references are to the Government Code, unless otherwise indicated.) <br />2) Provides that a law enforcement official shall ha ve discretion to cooperate with immigration <br />authorities only if doing so would not violate any federal, state, or local law, or local policy, <br />and where permitted by the California Values Act. (Section 7282.5 (a).) <br />3) Prohibits a California law enforcement agency from performing a number of immigration- <br />related activities, including the following: <br />a) Using agency or department moneys or personnel to investigate, interrogate, detain, <br />detect, or arrest persons for immigration enforcement purposes, including providing <br />information regarding a person’s release date or responding to requests for notification by <br />providing release dates or other information unless that information is available to the <br />public, or is in response to a notification request from immigration authorities. (Section <br />7284.6 (a)(1)(C).) <br />b) Transferring an individual to immigration authorities unless authorized by a judicial <br />warrant or judicial probable cause determination, or in accordance with existing law. <br />(Section 7284.6 (a)(4).) <br />4) Notwithstanding 3), above, allows any California law enforcement agency to do the <br />following as long as it does not violate any policy of the law enforcement agency or any local <br />law or policy of the jurisdiction in which the agency is operating: <br />a) Investigating, enforcing, or detaining upon reasonable suspicion of, o r arresting for a <br />violation of a specified immigration offense that is detected during an unrelated law <br />enforcement activity. <br />b) Responding to a request from immigration authorities for information about a specific <br />person’s criminal history, including previous criminal arrests, convictions, or similar <br />criminal history information accessed through the California Law Enforcement