Tag Archives: Trust Act

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Ammiano’s Trust Act for Local Discretion on Immigration Detention Headed to Governor

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Tom AmmianoTrust Act would allow discretion to enforce ICE requests

by Brian Leubitz

As if to show just how polarized our nation is, California is moving towards a more humane program for immigration enforcement, just as other states are rushing past the boundaries of sanity (and the Constitution) to show how anti-immigrant they truly are. On Monday, the Senate passed Tom Ammiano’s AB 4, the so-called Trust Act, to allow local officials discretion on enforcement of voluntary ICE requests.

The bill – passed Thursday on a 24-10 vote – seeks to reduce the deportation of Californians under the discredited S-Comm program. The federal program, ostensibly designed to expel people with serious convictions, has instead resulted in the deportation of more than 95,000 people. More than two-thirds of those had either never been convicted of any crime, or convicted only of low level offenses.

The bill allows local jails to detain people for extra time after receiving requests from Immigration and Customs Enforcement if the person has been convicted of a crime designated as a severe or violent felony. Local officials will still have the discretion to hold people, or grant release on bail, as the severity of charges warrant. These ICE requests are voluntary, according to the California Attorney General.

There are many problems with the status quo, but to really understand why it is so dangerous, consider this. If you knew that you were not in the country legally, would you call the police if you were involved in a domestic violence incident? Or just a plain old robbery? Recent research confirms that the program has led to decreased confidence in the police in Latino communities, where residents report being much less likely to contact law enforcement.

This is dangerous, flat out. End of statement. If we do not allow members of our communities, no matter what their immigration status, to communicate freely with our police officers, we are making their jobs more difficult. And we are making our communities less safe as crimes go unpunished. We are inviting criminals to a whole community of silent victims. It is a toxic brew no matter how you stir it.

Now, Asm. Ammiano tried with a similar bill last year, AB 1081, but that was vetoed. In his veto message, Brown makes a case for the use of discretion at the local level:

…Until we have immigration reform, federal agents shouldn’t try to coerce local law enforcement officers into detaining people who’ve been picked up for minor offenses and pose no reasonable threat to their community.

But I am unable to sign this bill as written. Under the bill, local officers would be prohibited from complying with an immigration detainer unless the person arrested was charged with, or has been previously convicted of, a serious or violent felony. Unfortunately, the list of offenses codified in the bill is fatally flawed because it omits many serious crimes. For example, the bill would bar local cooperation even when the person arrested has been convicted of certain crimes involving child abuse, drug trafficking, selling weapons, using children to sell drugs, or gangs. I believe it’s unwise to interfere with a sheriff’s discretion to comply with a detainer issued for people with these kinds of troubling criminal records.

The significant flaws in this bill can be fixed, and I will work with the Legislature to see that the bill is corrected forthwith.

This bill represents that compromise Brown wanted. It allows sheriffs and police departments to hold violent or dangerous undocumented immigrants under the ICE requests, but also allows communities the flexibility they need to enforce the law. This is still far from the perfect answer, that would require an overhaul of the federal S-Comm program at the very least. In the end, real solutions lie in comprehensive federal immigration reform, something the Republicans in DC seem intent on blocking.

The bill will go back to the Assembly to concur on a few Senate changes, and then back to the governor shortly thereafter.

Photo credit: Tom Ammiano at SF Progressive Convention 2007 by flickr user Steve Rhodes.

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THREE DAYS LEFT For California’s Gov. Jerry Brown to Sign TRUST Act

California’s Governor, Jerry Brown, only has until THIS weekend to sign the bill, and we’re asking everyone to call (916) 445-2841 to ask Gov. Brown to sign the bill TODAY.

Lawrence Downes in the New York Times today explains the significance of the TRUST Act:

The bill requires state and local authorities to be more prudent when the federal government wants to use their jails as immigration holding cells.

Presently, when Immigration and Customs Enforcement runs inmates’ fingerprints through its databases and finds someone it believes is deportable, it often asks local authorities to hold that person to be picked up for deportation. Most police departments try to comply, though doing so is voluntary.

Under California’s bill, local police would agree to hold inmates for ICE only if they have been convicted or charged with a serious or violent felony. If the inmates are noncriminals or minor offenders who would otherwise be let go, they would not be turned over to ICE.

As the bill’s sponsor, Assemblyman Tom Ammiano, said: “We want police to distinguish between the woman selling tamales and the gang member who has a record.”

While current US immigration policies are supposed to focus on deporting criminal immigrants while de-prioritizing the removal of hardworking immigrant mothers and fathers, the reality is that 400,000 people are deported every year, many of whom have no criminal records whatsoever.

Extremist, anti-immigrant states like Arizona and Alabama want to exacerbate this problem, and have passed laws pushing for the mass deportation of immigrants.  California wants to take a different tack, and head in the opposite direction: it wants to direct limited resources toward removing criminals, while staying away from the persecution of neighbors, friends, and community members.

As Lawrence Downes finishes, “Mr. Brown should listen to the voices of the immigrants, civil-rights advocates, police chiefs and sheriffs, local elected officials, members of Congress, Catholic bishops and other religious leaders who have implored him to lead California out of that wilderness. He should sign the Trust Act.”

You can help turn this bill into law.  Call Gov. Brown at (916) 445-2841 and ask him to sign the TRUST Act today.

California

Gov. Brown: Side With Fellow Governors, Not Ice Director And Anti-Immigrant Hate Groups

California Governor Jerry Brown has until the end of the month to decide if he’s going to sign the TRUST Act into law, and his decision to sign the bill or veto it will tell us a lot about whose side he is on. California’s bill would be the largest effort yet to restore the trust between police and immigrant communities that has been damaged by the federal “Secure Communities” program in recent years.  But Brown is under tremendous pressure from ICE Director John Morton  to support this failed program and help the government deport thousands of immigrants who’ve committed no crimes–the same immigrants President Obama has vowed to legalize.

In a little-publicized letter released earlier this month, ICE Director John Morton not only praised the Federation for American Immigration Reform (FAIR), a designated hate group according to the Southern Poverty Law Center, but also revealed his not-so-subtle pressure tactics against state and local governments who feel that the federal Secure Communities program has actually made their communities less safe.

As Frank Sharry, Executive Director here at America’s Voice said:

Why is an appointed official in the Obama Administration consorting with a recognized hate group? John Morton’s love letter to FAIR is deeply disturbing, not only because he is treating them like a partner but also because of the tactics it reveals.  ICE is strong-arming state and local governments who have concerns about this program, instead of working with them to address their needs.

A quick refresher: the TRUST Act, which recently passed both houses of the California legislature, seeks to restore the public trust police need to protect communities by addressing some of the problems with the federal Secure Communities program. While this program was supposed to focus resources on deporting serious criminals, it has instead turned routine police work into an immigration status check and led to record deportations of immigrants, including hundreds of thousands who are not criminals.  Under “Secure Communities,” undocumented persons are often detained by police for very minor violations, such as driving without a license, and end up in federal hands on the path to deportation. In California alone, more than 75,000 immigrants have been deported since Secure Communities began there in 2009, and more than half of those immigrants were either convicted of no crime or convicted only of minor offenses. The TRUST Act is designed to focus that program on its stated goals, and ensure that immigrants who haven’t committed a crime are not afraid of contact with the police.

So, who will Gov. Brown side with? In addition to FAIR on the extremist side, you’ll find Arizona Governor Jan Brewer. As we’ve noted, in practice there is little difference between Secure Communities and Arizona’s SB 1070.  That notorious law, which basically sanctions racial-profiling, attacks immigrants by making local cops turn them over to the federal government for deportation-destroying the trust between immigrants and local police. If Brown vetoes the TRUST Act, he’ll be in sync not only with FAIR, but also with Arizona’s Governor Brewer as well.

Or, Brown could show leadership and make his state the “anti-Arizona”. He could stand with his fellow Governors Andrew Cuomo (NY), Deval Patrick (MA) and Pat Quinn (IL) who sought to end relationships with Morton’s ICE program because of the serious problems wreaked upon the immigrant community. Those Governors recognized that the federal program was undermining local law enforcement and stood up to ICE. Even President Obama’s former Chief of Staff, Rahm Emanuel, now the Mayor of Chicago, is supporting a city ordinance, similar to the TRUST Act, to protect his city’s immigrant population from Secure Communities.  In his own state, Brown would not only be aligned with fellow governors in states with substantial immigrant populations, but also with more than 100 immigrant rights groups, police chiefs, and mayors, who are seeking to restore the public trust police need for community safety by supporting the TRUST Act.

Said Sharry:

Governor Brown has a choice to make — and that choice will impact immigrant communities throughout California. If he vetoes the TRUST Act, Brown will find himself in lockstep with Jan Brewer, John Morton, and FAIR. That’s out of character for Brown — and for California.  By signing TRUST, Brown will ally himself with immigrants and follow the lead of Governors Cuomo, Quinn and Patrick.  He’ll also keep California on the right path.

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The TRUST Act: Good for all Californians.

By Danielle Riendeau, Communications Coordinator, ACLU of Northern California

On Wednesday, July 18th the ACLU and community members gathered to support Juana Reyes, who is facing deportation after an arrest for selling tamales outside of the Florin Rd. Walmart in Sacramento and to urge the passage of the TRUST Act.

Juana Reyes is your neighbor, your friend, or your family member. The food vendor and mother of two was recently arrested, chained and held in immigration detention for two weeks (while her children were taken away and placed in foster care) – all because she was selling tamales in front of a Sacramento Walmart.

In fact, she’s been a food vendor for years – the trouble only came when a new security guard tried to remove her from the premises, and local police threw trespassing and “interfering with business”charges at her. Just like that, Juana was locked away, even though the charges were minor and eventually dropped. Her story is a bold reminder of just how desperately we need to fix the broken immigration detention system in California.

The passing of the TRUST Act – AB 1081, authored by Assembly member Tom Ammiano – in the state senate on July 5th was a bold, groundbreaking step forward. The act seeks to mitigate the failures of the utterly broken Secure Communities (S-Comm) program and help ensure fair treatment for law-abiding people in all communities around California.

S-Comm is a federal program that was purportedly aimed at deporting serious and violent felons. Instead, it has become a racial profiling nightmare for communities all over the state. People have been locked up and thrown out of the country for minor violations, and Immigration Customs Enforcement (ICE)’s massive dragnet has even ensnared US citizens, thanks to database snafus.

On the whole, S-Comm has resulted in the deportations of over 75,000 Californians – more than any other state. It has torn families apart, made entire communities afraid of reporting crime to the police, and threatened public safety.

The TRUST Act will restore good faith and transparency between our communities and local police by limiting local jails from holding people on immigration-based detention requests when they pose no risk to public safety. It will allow local police to do their jobs and focus on public safety – for everyone in the community.

This doesn’t mean it’s a done deal yet – the act still needs votes and the governor’s signature. Call the governor today and urge him to support the TRUST Act, and help make California a safe place for everyone who lives here.

California, Jerry Brown

Gov. Jerry Brown Should Sign the TRUST Act and Be “Anti-Arizona” on Immigration

Cross-Posted at California Progress Report and America’s Voice Education Fund.

By Frank Sharry, Executive Director, America’s Voice Education Fund:

Years ago, California tried to take the punitive and xenophobic approach to immigration with Prop 187 — a 1994 ballot initiative whose stated goal was to keep undocumented immigrants from receiving public benefits, but would have essentially turned California into a police state for immigrants. Fortunately, Proposition 187 was invalidated by the courts.  But instead of learning from California, states like Arizona, Alabama, and a handful of others are repeating the same mistakes and passing similar laws designed to turn anyone who looks or sounds “like an immigrant” into a suspect and make them feel unwelcome in their own homes.

But last week, the California State Senate showed just how far the state has come-by passing Assemblyman Tom Ammiano’s (D-San Francisco) TRUST Act, the antithesis of Arizona’s anti-immigrant SB 1070 law.

Arizona’s law attacks immigrants by making local cops turn them over to the federal government for deportation-destroying the trust between immigrants and local police. Unfortunately, the Obama Administration is also pushing for local-federal cooperation on immigration through its so-called “Secure Communities” program, which turns routine police work into an immigration status check, and has led to record deportations of immigrants who have never committed a crime.  Under “Secure Communities,” undocumented persons are often detained for very minor violations, such as driving without a license, and end up on the path to deportation.  In California alone, more than 75,000 immigrants have been deported since Secure Communities began there in 2009, and more than half of those immigrants were either convicted of no crime or convicted only of minor offenses.

The TRUST Act, which has the support of over 100 immigrant rights groups, police chiefs, and mayors, seeks to restore the public trust police need for community safety. The TRUST Act would address some of the problems with Secure Communities by telling police to only send immigrants who have serious convictions to ICE for deportation.  It would allow hardworking immigrant mothers and fathers to go to work and live their lives with less fear of harassment and deportation, and would mend the rift between immigrant communities and the police that is vital to the success of community policing.  This makes the TRUST Act essentially the opposite of Arizona’s SB 1070: while SB 1070 treats every immigrant as a priority for deportation, the TRUST Act lifts up legitimate threats and zeroes in on true public-safety priorities.

The bill has moved on from the California Senate to the Assembly, which is highly likely to pass it.  Next, it will move to Governor Jerry Brown’s desk, and Latino and community leaders are expecting the Governor to sign it and show the rest of the country what smart and fair immigration policy looks like.

The TRUST Act is simply a common-sense policy-in a world of limited resources and police power, law enforcement should target dangerous criminals for deportation, not hardworking mothers and college students.  And when criminals at large threaten all of us, those with information must be encouraged to come forward-not scared away from doing so. Opponents of the bill are simply relying on their tired talking point that anything short of deporting 11 million undocumented immigrants is “amnesty.” They’ve got nothing else to offer.

We hope that Governor Brown is ready to lead California full-circle, rejecting its Proposition 187 past and sending a message to states like Arizona and Alabama that mass deportation is not the answer.  Immigration reform that includes a path to citizenship for undocumented immigrants is.

California, Prisons

From Prop 187 to the TRUST Act — California Comes a Long Way, Models Smart Immigration Enforcement

Yesterday, California took a key step in positioning itself as the “anti-Arizona” on immigration enforcement, with the state Senate passing a bill that would restore common sense to states’ approach on immigration. Ironically, California was the first state to embrace an extremist approach to immigration with the passage of Proposition 187 in 1994. Fortunately, the state has now come full circle and is breaking new ground by passing what we see as the “anti”- Prop 187 and “anti”-SB 1070: the TRUST Act.

The TRUST Act passed the California Senate with a 21-13 vote, moving the bill to the State Assembly, where it is also expected to pass. As the Los Angeles Times explains, the TRUST Act would:

prohibit police and sheriff’s officials from detaining arrestees for possible deportation unless the suspects have previous convictions for a serious or violent felony. The measure is aimed at blunting federal immigration enforcement, in particular the Secure Communities program, under which fingerprints of arrestees are shared with immigration officials who issue hold orders.

The federal “Secure Communities” program was created to target serious criminal offenders, but has been widely criticized by elected officials, law enforcement and others for sweeping up tens of thousands of immigrants without criminal records and destroying immigrants’ relationship with the police. That is why the California legislature-and, hopefully, soon the Governor-is taking concrete steps to address this with the TRUST Act.

The California approach stands in stark contrast to the SB 1070 law passed by neighboring Arizona, a law that continues to be mired in controversy and legal challenges. While the TRUST Act’s goal is to bring balance to immigration enforcement, SB 1070’s goal is to make every immigrant a law enforcement “priority.” Basically, it’s the difference between support for community policing and the creation of a police state.

Arizona is already ground zero for profiling and harassment of people “perceived to be immigrants,” and the federal government is certainly doing its part. The Border Patrol’s recent treatment of former Arizona Governor Raul Castro-who was stopped and held in 100 degree heat while traveling to celebrate his 96th birthday-is just the most recent example of how “checkpoint” culture has invaded the southwest and turned even the most patriotic of Americans into suspects. As Alessandra Soler, Executive Director of ACLU of Arizona stated:

This happens all the time in terms of these types of indiscriminate stops of individuals not suspected of any wrongdoing…I think most people would agree that subjecting a 96-year-old man to secondary screening does little to secure our borders and a man who had just informed them that he had undergone this medical procedure.

In fact, this wasn’t even the first time Governor Castro was subjected to harassment by the Border Patrol, and it’s a clear indication that Arizona remains the Wild West, while California is striking out on a decidedly different path.

According to Frank Sharry, Executive Director, America’s Voice Education Fund:

The rapid expansion of federal immigration enforcement capacity and authority has helped foster a climate of impunity and excess, as the detention of former Gov. Castro demonstrates. That’s why California’s TRUST Act is such a welcome and sensible step forward. By taking smart steps to restore immigration enforcement priorities, California’s TRUST Act is the antidote to Arizona immigration policy excesses. We hope and expect Governor Brown to sign the TRUST Act into law, sending a strong signal that California has learned from, and moved beyond, its Proposition 187 past.