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SB54-Report FINAL.Pdf TURNING THE GOLDEN STATE INTO A SANCTUARY STATE A REPORT ON THE IMPACT AND IMPLEMENTATION OF THE CALIFORNIA VALUES ACT (SB 54) MARCH 2019 PREPARED BY ASIAN AMERICANS ADVANCING JUSTICE-ASIAN LAW CAUCUS UNIVERSITY OF OXFORD CENTRE FOR CRIMINOLOGY BORDER CRIMINOLOGIES CONTENTS Organizations ................................................... 1 Acknowledgements .......................................... 1 Executive Summary ..........................................3 Acronyms ..........................................................6 Background.......................................................7 Overview of SB 54 ..........................................10 Overview of the Data ...................................... 12 Findings .......................................................... 12 Recommendations ........................................ 25 Conclusion ..................................................... 29 List of Agencies Examined ............................ 30 ORGANIZATIONS About Asian Americans Advancing Justice – Asian Law Caucus Founded in 1972, Asian Americans Advancing Justice – Asian Law Caucus is the nation’s first legal and civil rights organization serving low-income Asian Pacific American communities. Advancing Justice – ALC focuses on housing rights, immigration and immigrants’ rights, labor and employment issues, student advocacy, civil rights and hate violence, national security, and criminal justice reform. As a founding affiliate of Asian Americans Advancing Justice, the organization also helps to set national policies in immigration, affirmative action, voting rights, Census and language rights. Their three- prong strategy integrates the provision of legal services, educational programs, community organizing initiatives and advocacy. About the University of Oxford Centre About Border Criminologies for Criminology Based at the Centre for Criminology at the The Centre for Criminology at the University University of Oxford, Border Criminologies is of Oxford is part of the Faculty of Law within an international network of researchers, border the Social Sciences Division and enjoys a control professionals, and those who have reputation as a world-leading research and experienced border control. Border Criminologies teaching institution. It is dedicated to pursuing explores the growing interconnections between an innovative program of criminological and border control and criminal justice and maintains criminal justice research and to delivering the the first open access scholarly journal on highest quality undergraduate education on migration, criminal justice, and borders research. the university’s undergraduate Law FHS degree and graduate education at both the master’s and doctoral level. The Centre’s members are committed to connecting criminological work ACKNOWLEDGEMENTS to the broader concerns of the social sciences; to thinking comparatively about crime and Asian Americans Advancing Justice-Asian Law punishment; to bringing together sociological and Caucus, the University of Oxford Centre for normative approaches to the analysis of crime Criminology, and the Border Criminologies and justice; and to working at the intersections Program would like to thank the following between criminology and public policy. organizations for their immense work preparing, sending, receiving, tracking, and organizing 1 public records requests for data and documents About the Author Peter Mancina that this report is based upon: American Civil Dr. Peter Mancina is Research Associate in Border Liberties Union Foundations of California, Criminologies at the Centre for Criminology of the California Immigrant Policy Center, Asian the University of Oxford. His work has examined Americans Advancing Justice-Asian Law Caucus, the history, development, and implementation of the National Day Laborer Organizing Network, sanctuary policies at the city, county, and state and the Immigrant Legal Resource Center in level, with a particular expertise on the creation response to individual public records requests to and implementation of sanctuary policies in each local law enforcement agency. We would San Francisco, California. He has a Ph.D from also like to thank members of the ICE Out of Vanderbilt University and is author of various California Coalition for their feedback on prior publications examining the topic. drafts of this report. In particular, we would like to thank Jon Rodney, Layla Razavi, Felicia Gomez, About the Project Supervisor Angela Chan Grisel Ruiz, Jessica Karp Bansal, Chris Newman, Angela Chan is the Policy Director and a Emi MacLean, and Maria Romani. Additionally, Senior Staff Attorney managing the Criminal we would like to thank the Syracuse University Justice Reform Program at Asian Americans Transactional Records Access Clearinghouse Advancing Justice–Asian Law Caucus in San (TRAC) for making ICE data on arrests in Francisco, California. Since 2008, Angela has California available and for answering questions focused on defending and passing Sanctuary about the data. Ordinances to limit local and state law enforcement entanglement with immigration enforcement. Angela served on the San 2 Francisco Police Commission from 2010–2014, local jails, implementation of SB 54 remains which is a chartered city civilian commission that largely partial and unfinished. This report adjudicates officer disciplinary cases and sets examines publicly disclosed documents from policies for the police department. She was a 169 California LEAs and finds that 23 use out-of- judicial law clerk to the Honorable Napoleon A. date, pre-SB 54 immigration enforcement-related Jones in the Southern District of California and policies or post-SB 54 policies that nonetheless has a J.D., cum laude, from Harvard Law School. include out of date provisions or which omit major new prohibitions. Also, 40 additional LEAs use policies primarily drafted for them by a private company, Lexipol, which are not in EXECUTIVE SUMMARY compliance with the law. Finally, 5 LEAs have no immigration enforcement-related agency In October 2017, California Governor Jerry Brown policies. In total, 68 out of 169 LEAs, about 40%, signed into law the “California Values Act,” were out of compliance with SB 54. also known by its legislative bill number SB 54, authored by Senate President Kevin de León, to This report also finds many LEAs attempted to limit local and state law enforcement entanglement neutralize the effect of SB 54 by exploiting an with immigration enforcement. This sanctuary state exception in the law. Under SB 54, LEAs can only law restricts local law enforcement agencies (LEAs) provide release date information to ICE or CBP if in California from expending agency resources detainees meet certain criminal history related for the purpose of assisting U.S. Immigration and requirements, or if the information is already Customs Enforcement (ICE) or U.S. Customs and available to the general public. Twenty-four out Border Protection (CBP) in identifying, detaining, of fifty-eight, or 41%, of Sheriff’s Departments arresting, and transferring custody of immigrants have taken advantage of this latter exception by to these agencies for deportation purposes. posting on their department websites release date information for individuals in their custody In its first five months from in advance of their release, upcoming court hearing dates and locations, and detainee January 2018 to May 2018, personal information including city of residence SB 54 implementation and occupation. This practice provides ICE an opportunity to detain and deport people led to a 41% decrease at the point of release from LEA custody even in ICE arrests at local though the individual may not have the criminal conviction history that would allow LEAs to jails compared to the conduct an in custody transfer to ICE or directly immediately preceding notify ICE of the individual’s release date. A number of Sheriff’s Departments began posting five months from August this information only after passage of SB 54. 2017 to December 2017. In addition to publicly posting release information, some LEAs also have tried to get around SB 54 by Notwithstanding its immediate impact in allowing ICE to enter non-public, secure areas of substantially reducing immigration arrests in jail facilities to effectuate immigration arrests at 3 the time the individual is required to be released rule, California should remove SB 54’s exceptions in the criminal matter. Given that in these for sharing release information based on criminal “releases,” there is no effective break in the chain charges and convictions history or when the of custody from LEAs to ICE, these arrests are information is made public. The state should also de facto in custody transfers that nonetheless prohibit ICE and CBP from accessing information likely are not recorded or reported as such to the in local and state criminal databases. California Attorney General as a part of annual reporting mandated by SB 54. This is the case 2. End LEA custody transfers to immigration because the Attorney General’s instructions to authorities and prohibit LEAs from allowing ICE LEAs for reporting statistics on LEA transfers of to enter non-public areas of jail facilities individuals to ICE only require LEAs to report transfers that are based in an individual's Our review of public records obtained from LEAs qualifying criminal convictions and arrests codes has found that LEAs have transferred individuals logged in jail databases. to ICE in violation of the limits
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