California Passes Bill Seeking to Protect Undocumented Latinos from Immigration Holds Unless Charged with Serious Crime

From The San Francisco Chronicle 8/25/12

California state legislators passed a bill Friday that seeks to protect undocumented immigrants charged with relatively minor crimes from being deported.  The bill, by Assemblyman Tom Ammiano, D-San Francisco, would prohibit local police from detaining anyone on an immigration hold if the person is not charged with or has not been convicted of a serious or violent crime.

The bill, which only needs the signature of Gov. Jerry Brown to become law, passed the Assembly on Friday after being amended in the state Senate to remove language that would have required police departments to develop plans to guard against racial profiling. 

Advocates and critics alike said the legislation is the largest challenge to the use of immigration holds in local jails, including President Obama's Secure Communities program, because it would impact law enforcement throughout the most populous state, one with a significant immigrant population. 

"What we're trying to do here is to protect the innocent," said Ammiano, the bill's chief sponsor. "The fact that you're undocumented doesn't make you a criminal."

It's unclear whether Brown will support the legislation. Brown spokesman Gil Duran said the governor would not comment on the matter.

Enforcement issue

The issue of whether local police should enforce federal immigration law has long been a contentious issue, most recently with the Secure Communities program. Once an individual is fingerprinted and booked in a local jail, their fingerprints are sent to the FBI. Under Secure Communities, the FBI sends those fingerprints to the Department of Homeland Security, which oversees immigration. If that person has previously come into contact with Homeland security, their data would match. U.S. Immigration and Customs Enforcement then determines if the person is in the country illegally.

Local discretion

The enforcement agency then can request that the jail hold the person for up to 48 hours. But because it is merely a request, local jurisdictions have discretion, and the federal government has not forced the issue. 

Santa Clara and San Francisco counties have policies that prohibit or restrict the use of so-called immigration holds. So does Cook County, Illinois; Taos, New Mexico; and Washington, D.C.

Opponents of the state bill said they were stunned. 

"It removes the discretion of local law enforcement agencies in deciding what to do about noncitizens that end up in their custody," said Jessica Vaughan, director of policy studies for the Center for Immigration Studies, a Washington, D.C., think tank that calls for tighter immigration laws. "It would force them to release people they believe are a threat to the public." 

Critics and advocates paint wildly different portraits of the impact of the law. 

Crime to rise, foes say

Opponents say that criminals often commit lesser crimes, but might be known to law enforcement as being a gang member. 

The example they point to is that of Edwin Ramos, who had two juvenile felony convictions, but San Francisco officials did not turn him over to immigration authorities. Ramos later killed Tony Bologna, 48, and his sons, Michael, 20, and Matthew, 16, in San Francisco.

"It is virtually guaranteed that there will be more crimes committed, more victims of dangerous criminals if this policy goes into effect," said Vaughan.

Backers distrust ICE

On the flip side, advocates point to Juana Reyes, 46, who was arrested and jailed in June for trespassing after she sold tamales in a Walmart parking lot in Sacramento. The mother of two had no criminal record and was facing deportation. 

"You cannot trust Immigration and Customs Enforcement when they say 'give us these fingerprints, give us these people and we will decide who to release and who not to,' " said Angela Chan, staff attorney for the Asian Law Caucus in San Francisco. "Local law enforcement should not be engaged in immigration law enforcement."