How does California’s immigration compliance law differ from federal immigration laws?

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immigration compliance law, also known as the California Values Act or Senate Bill 54 (SB 54), differs from federal immigration laws in several key aspects. The law was enacted in response to the Trump administration’s aggressive immigration policies and aims to protect undocumented immigrants living in California.

Cooperation with Federal Immigration Authorities

– Federal Law

Federal immigration laws require local law enforcement agencies to cooperate with federal immigration authorities, such as Immigration and Customs Enforcement (ICE), by sharing information and detaining individuals suspected of being undocumented immigrants.
– California Law

SB 54 limits the cooperation between local law enforcement agencies and federal immigration authorities. It prohibits state and local law enforcement agencies from using their resources to investigate, interrogate, or detain individuals based solely on their immigration status. It also restricts the sharing of certain information with federal immigration authorities, unless required by federal law or court order.

Detention Requests

– Federal Law

Federal immigration laws allow ICE to issue detainer requests to local law enforcement agencies, asking them to hold individuals suspected of being undocumented immigrants for up to 48 hours beyond their scheduled release time.
– California Law

SB 54 significantly limits the compliance with ICE detainer requests. It prohibits local law enforcement agencies from detaining individuals solely based on an ICE detainer request, unless the individual has been convicted of certain serious crimes. However, local law enforcement agencies can still notify ICE about the release date and time of individuals convicted of certain crimes.

Access to Detention Facilities

– Federal Law

Federal immigration laws allow federal immigration authorities to access local detention facilities to interview and take custody of individuals suspected of being undocumented immigrants.
– California Law

SB 54 limits the access of federal immigration authorities to local detention facilities. It requires that any access granted to federal immigration authorities be accompanied by a judicial warrant or a probable cause determination.

Immigration Enforcement in Schools, Hospitals, and Courthouses

– Federal Law

Federal immigration laws do not have specific provisions regarding immigration enforcement in schools, hospitals, and courthouses.
– California Law

SB 54 prohibits immigration enforcement activities in schools, hospitals, and courthouses, unless authorized by a warrant or required by federal law. This provision aims to ensure that these sensitive locations remain safe and accessible for all individuals, regardless of their immigration status.

  • July 7, 2023