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Item 18 - Resolution in Support of the HOME Act (Carrillo-AB 1306)
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Item 18 - Resolution in Support of the HOME Act (Carrillo-AB 1306)
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10/25/2023 12:50:57 PM
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10/25/2023 12:41:46 PM
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City Clerk
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Agenda Packet
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City Manager's Office
Item #
18
Date
8/29/2023
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Resolution in Support of the HOME Act (Carrillo-AB 1306) <br />August 29, 2023 <br />Page 2 <br />About the California Values Act and TRUST Act <br />The California Values Act, effective since January 1, 2018, restricts the participation of <br />state and local law enforcement agencies in federal immigration enforcement activities. <br />It forbids these agencies, including school police and security departments, from using <br />their resources to engage in immigration-related investigations, interrogations, <br />detentions, detections, or arrests. The California Values Act also imposes limitations on <br />how law enforcement can collaborate with federal task forces that involve immigration <br />enforcement components. The aim of the California Values Act is to create a clear <br />separation between state and local law enforcement and federal immigration <br />enforcement efforts. <br />The Values Act builds upon the TRUST Act and expands its scope. The TRUST Act <br />originally prohibited law enforcement from honoring federal immigration holds unless the <br />individual had a serious or violent felony conviction. However, the California Values Act <br />includes certain exceptions that allow law enforcement agencies to cooperate with <br />immigration authorities in the following circumstances: <br />•Provide a person’s release date or personal information, as specified, if such <br />information is available to the public; <br />•Respond to notification and transfer requests when the individual had been <br />convicted of specified crimes which reflected a higher public safety danger and <br />are on the serious end of the criminal spectrum such as serious and violent <br />felonies and offenses requiring an individual to register as a sex offender; <br />•Make inquiries into information necessary to certify an individual for a visa for a <br />victim of domestic violence and human trafficking; <br />•Respond to a request from immigration authorities for information about a <br />person’s criminal history; <br />•Participate with a joint law enforcement task force, as long as the primary <br />purpose of the task force is not immigration enforcement; or, <br />•Give immigration authorities access to interview an individual in agency custody <br />as long as the interview access complied with the requirements of the TRUTH <br />Act. <br />How the California Values Act and TRUST Act do not Affect CDCR <br />Under both the Values Act and the TRUST Act, the California Department of <br />Corrections and Rehabilitation (CDCR) is not classified as a California law enforcement <br />agency. As a result, the restrictions and requirements imposed on law enforcement <br />agencies regarding immigration enforcement do not apply to CDCR. Contrarily, current <br />law explicitly mandates CDCR to cooperate with Immigration and Customs Enforcement <br />(ICE) through provisions in the Penal Code (Sections 5025 and 5026). Therefore, <br />CDCR's obligations differ from those of California law enforcement agencies in matters <br />related to immigration enforcement.
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