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Item 21 - Assembly Bill 937 (the “VISION Act”)
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Item 21 - Assembly Bill 937 (the “VISION Act”)
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Clerk of the Council
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21
Date
5/4/2021
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AB 937 <br /> Page 3 <br />assumption of custody by the DHS. (8 CFR Section 287.7(d).) <br /> <br />3) Authorizes the Secretary of Homeland Security under the 287(g) program to enter into <br />agreements that delegate immigration powers to local police. The negotiated agreements <br />between ICE and the local police are documented in memorandum of agreements (MOAs). <br />(8 U.S.C. Section 1357(g).) <br /> <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, subd. (a).) <br /> <br />5) States that notwithstanding any other provision of Federal, State, or local law, no State or <br />local government entity may be prohibited, 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 /> <br />EXISTING LAW: <br /> <br />1) Defines "immigration hold" as "an immigration detainer issued by an authorized immigration <br />officer, pursuant to specified regulations, that requests that the law enforcement official to <br />maintain custody of the individual for a period not to exceed 48 hours, excluding Saturdays, <br />Sundays, and holidays, and to advise the authorized immigration officer prior to the release <br />of that individual." (Gov. Code, § 7282, subd. (c).) <br /> <br />2) Defines "Notification request" as an Immigration and Customs Enforcement request that a <br />local law enforcement agency inform ICE of the release date and time in advance of the <br />public of an individual in its custody and includes, but is not limited to, DHS Form I-247N. <br />(Gov. Code, § 7283, subd. (f).) <br /> <br />3) Defines "Transfer request" as an Immigration and Customs Enforcement request that a local <br />law enforcement agency facilitate the transfer of an individual in its custody to ICE, and <br />includes, but is not limited to, DHS Form I-247X. (Gov. Code, § 7283, subd. (f).) <br /> <br />4) Prohibits law enforcement agencies (including school police and security departments) from <br />using resources to investigate, interrogate, detain, detect, or arrest people for immigration <br />enforcement purposes. These provisions are commonly known as the Values Act. <br />Restrictions include: <br />a) Inquiring into an individual's immigration status; <br />b) Detaining a person based on a hold request from ICE; <br />c) Providing information regarding a person’s release date or responding to requests for <br />notification by providing release dates or other information unless that information is <br />available to the public;
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