CHAPTER
17.25. Cooperation With Federal Immigration Authorities
885.7284.
This chapter shall be known, and may be cited, as the California Values Act. 885.2.7284.2.
The Legislature finds and declares the following:(a) Immigrants are valuable and essential members of the California community. Almost one in three Californians is foreign born and one in two children in California has at least one immigrant parent.
(b) A relationship of trust between California’s immigrant community and state and local law enforcement agencies is central to
the public safety of the people of California.
(c) This trust is threatened when state and local law enforcement agencies are entangled with federal immigration enforcement, with the result that immigrant community members fear approaching police when they are victims of, and witnesses to, crimes. crimes, seeking basic health services, or attending school, to the detriment of public safety and the well-being of all Californians.
(d) Entangling state and local agencies with federal immigration enforcement programs diverts already limited resources and blurs the lines of accountability between local, state, and federal governments.
(e) State and local participation in federal immigration enforcement programs also raises constitutional concerns, including the prospect that California residents could be detained in violation of the Fourth Amendment to the United States Constitution, targeted on the basis of race or ethnicity in violation of the Equal Protection Clause, or denied access to education based on immigration status.
(d)
(f) This act seeks to
ensure effective policing, to
protect the safety safety, well-being, and constitutional rights of the people of California, and to direct the state’s limited resources to matters of greatest concern to state and local governments.
885.4.7284.4.
For purposes of this chapter, the following terms have the following meanings:(a) “Civil immigration warrant” means any warrant for a violation of federal civil immigration law, and includes civil immigration warrants entered in the National Crime Information Center database.
(b) “Federal immigration authority” means any officer, employee, or person otherwise paid by or acting as an agent of United States Immigration and Customs Enforcement
or United States Customs and Border Protection, or any division thereof, or any other officer, employee, or person otherwise paid by or acting as an agent of the United States Department of Homeland Security who is charged with immigration enforcement.
(c) “Health facility” includes health facilities as defined in Section 1250 of the Health and Safety Code, clinics as defined in Sections 1200 and 1200.1 of the Health and Safety Code, and substance abuse treatment facilities.
(c)
(d) “Hold request,” “notification request,” “transfer request,” and “local law enforcement agency” have the same meaning as provided in Section 7283 of the Government Code. 7283. Hold, notification, and transfer requests include requests issued by United States Immigration and Customs Enforcement or United States Customs and Border Protection as well as any other federal immigration authorities.
(d)
(e) “Immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States, including, but not limited to, violations of Section 1253, 1324c, 1325, or 1326 of Title 8 of the United States Code.
(e)
(f) “Judicial warrant” means a warrant based on probable cause
and issued by a federal judge or a federal magistrate judge that authorizes federal immigration authorities to take into custody the person who is the subject of the warrant.
(g) “Public schools” means all public elementary and secondary schools under the jurisdiction of local governing boards or a charter school board, the California State University, and the California Community Colleges.
(f)
(h) “School police and security departments” includes police and
security departments of the California State University, the California Community Colleges,
charter schools, county offices of education, schools, and school districts.
(g)
(i) “State agency” has the same meaning as provided in Section 11000 of the Government Code.
885.6.7284.6.
(a) State and local law enforcement agencies and school police and security departments shall not do any of the following:(1) Use agency or department moneys, facilities, property, equipment, or personnel to investigate, interrogate, detain, detect, report, or arrest persons for immigration enforcement purposes, including, but
not limited to, any of the following:
(A)Responding to hold, notification, and transfer requests from federal immigration authorities.
(A) Inquiring into or collecting information about an individual’s immigration status.
(B) Detaining an individual on the basis of a hold request.
(C) Responding to requests for notification or transfer requests.
(B) Responding
(D) Providing or responding to requests for nonpublicly available personal information about an individual, including, but not limited to, information about the person’s release date, home address, or work address for immigration enforcement purposes.
(C)
(E) Making arrests based on civil immigration warrants.
(D)
(F) Giving federal immigration authorities access to interview individuals in agency or department custody for immigration enforcement purposes.
(G) Assisting federal immigration authorities in the activities described in Section 1357(a)(3) of Title 8 of the United States Code.
(E)
(H) Performing the functions of an immigration officer, whether pursuant to Section 1357(g) of Title 8 of the United States Code or any other law, regulation, or policy, whether formal or informal.
(2)Use agency or department moneys, facilities, property, equipment, or personnel to investigate, enforce, or assist in the investigation or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, religion, or national or ethnic
origin.
(3)
(2) Make agency or department databases databases, including databases maintained for the agency or department by private vendors, or the information therein other than information regarding an individual’s citizenship or immigration status, available to anyone or any entity for the purpose of immigration enforcement or investigation or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, religion, immigration status, or national or ethnic origin.
enforcement. Any agreements in existence on the date that this chapter becomes operative that make any agency or department database available in conflict with the terms of this paragraph are terminated on that date. A person or entity provided access to agency or department databases shall certify in writing that the database will not be used for the purposes prohibited by this section.
(4)
(3) Place
peace officers under the supervision of federal agencies or employ peace officers deputized as special federal officers or special federal deputies except to the extent those peace officers remain subject to California law governing conduct of peace officers and the policies of the employing agency.
(b) Nothing in this section shall prevent the department or any state or local law enforcement agency, including school police or security departments, from responding to a request from federal immigration authorities for information about a specific person’s previous criminal arrests or convictions where otherwise permitted by state law or from responding to a lawful subpoena. law.
(c) Notwithstanding any other law, in no event shall state or local law enforcement agencies or school police or security departments transfer an individual to federal immigration authorities for purposes of immigration enforcement or detain an individual at the request of federal immigration authorities for purposes of immigration enforcement absent a judicial warrant. This subdivision does not limit the scope of subdivision (a).
885.8.7284.8.
(a) In order to ensure that eligible individuals are not deterred from seeking services or engaging with state agencies, all state agencies shall shall, within six months after the effective date of the act that added this section, review their confidentiality policies and identify any changes necessary to ensure that information collected from individuals is limited to that necessary to perform
agency duties and is not used or disclosed for any other purpose. Any necessary changes to those policies shall be made as expeditiously as possible, consistent with agency or department procedures. The Attorney General shall, within three months after the effective date of the act that added this section, publish model contractual provisions for all state agencies that partner with private vendors for data collection purposes to ensure that those vendors comply with the confidentiality policies established pursuant to this section.(b) The Attorney General, within three months after the effective date of the act that added this section, in consultation with the appropriate stakeholders, shall
publish model policies for
limiting immigration enforcement to the fullest extent possible consistent with federal and state law at public schools, hospitals, and courthouses health facilities operated by the state or a political subdivision of the state, courthouses, and shelters, to ensure that all public schools, hospitals, and courthouses
they remain safe and accessible to all California residents, regardless of immigration status. All public schools, hospitals, and courthouses shall establish and make public policies that limit immigration enforcement on their premises to the fullest extent possible consistent with federal and state law. All public schools, health facilities operated by the state or a political subdivision of the state, and courthouses shall implement the model policy, or an equivalent policy. All other organizations and entities that provide services related to physical or mental health and wellness, education, or access to justice, including the
University of California, are encouraged to adopt the model policy.
885.10.7284.10.
Nothing in this chapter prohibits or restricts any state or local agency government entity or official from sending to, or receiving from, any local, state, or federal agency,
immigration authorities, information regarding an individual’s the citizenship or immigration status. “Information regarding an individual’s citizenship or immigration status,” for purposes of this section, means a statement of the individual’s country of citizenship or a statement of the individual’s immigration status, respectively. status, lawful or unlawful, of an individual pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.885.12.7284.12.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.