AB 937 (Carillo) – VISION Act

Summary bail, and deported--permanently banishing them from the country, from their families, AB 937, the Voiding their homes, their livelihoods and “all that Inequality and Seeking makes life worth living.” Ng Fung Ho v. Inclusion for Our Immigrant Neighbors White, 259 U.S. 276, 284 (1922). The (VISION) Act, would protect refugee and Supreme Court has repeatedly immigrant community members who have acknowledged that for many people already been deemed eligible for release deportation is a more severe penalty that from being funneled by local jails and our any jail sentence. See, e.g., Lee v. U.S., state prison system to immigration 137 S.Ct. 1958, 1968 (2017); Padilla v. detention. Prohibiting transfers to ICE would Kentucky, 559 U.S. 356, 364 (2010). protect Californians from being subjected to inhumane and unsanitary conditions in immigration detention, close the main Community members transferred to ICE are pipeline filling immigration detention beds, refugees, lawful permanent residents, and reunite refugee and immigrant families people who entered the United States as and communities. children, parents, caretakers, essential workers, or are otherwise valued California residents. California should not subject Background these community members to a second, California’s punitive carceral system double punishment, and disregard their unjustly and disproportionately harms Black, record of rehabilitation, stable reentry plans, Latinx, Indigenous, and Asian and Pacific and community support, purely because Islander American communities. In recent they are refugees or immigrants. Ending years, with the passing of SB 260, SB 261, ICE transfers in California is a reflection of SB 1437, AB 1812 (which amended Penal the state’s commitment to ending racial Code 1170(d)(1)), Proposition 47, the injustice and mass incarceration. legislature and California voters have demonstrated a strong commitment to reforming our criminal justice system and Incarceration and ICE transfers also are ending mass incarceration. harmful to public health. Countless studies document negative health impacts of

incarceration in jails, prisons, and ICE Despite these reforms, when California’s detention centers. People who have been jails and prisons voluntarily and incarcerated have worse health outcomes unnecessarily transfer immigrant and and, overall, have lower life expectancies. refugee community members eligible for Given the racial inequities plaguing the release from state or local custody to state’s carceral system, the significant Immigration and Customs Enforcement health risks posed by incarceration and (“ICE”) for immigration detention and transfers weigh heavily on California’s deportation purposes, they subject these Black, Latinx, and Asian and Pacific community members to double punishment Islander American communities. and further trauma. Immigrant community members can be incarcerated by ICE, often for prolonged periods and with no right to The Constitutions of the United States and the State of California protect all persons present within our borders from ● Ensures immigrants are treated equally unreasonable searches and seizures, from by prohibiting state agencies, local deprivations of life, liberty or property agencies, and courts from using without due process of law, from being immigration status as a factor to deny or deprived of equal protection under the law, to recommend denial in a diversion including from being targeted on the basis program, rehabilitation program, of race or ethnicity. The VISION Act placement in a credit earning programs embodies and protects these values by or classes, or mental health program. ensuring that all Californians, including refugees and immigrants, are not torn from Co-Sponsors their communities when they are eligible for release from state or local custody. Alliance for Boys and Men of Color Alliance San Diego The need for the bill All of Us or None As the state with the largest immigrant American Friends Service Committee - San community in the country, California has an Diego ethical and moral obligation to step up our Asian Americans Advancing Justice - leadership and take action to protect the California rights of immigrants and the public health at Asian Pacific Islanders Re-entry & large. As long as CDCR and local jails Inclusion through Support and continue to transfer community members to Empowerment immigration detention where conditions are indisputably dangerous and even deadly, Asian Prisoner Support Committee California cannot meaningful reduce the AYPAL: Building API Community Power numbers of human beings caged in ICE California Coalition for Women Prisoners detention centers. California Immigrant Policy Center

Center for Empowering Refugees and Solution Immigrants The VISION Act (AB 937) takes urgent and necessary strides toward ensuring that our Community United Against Violence local and state resources are not used to Communities United for Restorative Youth funnel immigrants into inhumane health Justice conditions in immigration detention, violate Council on American-Islamic Relations Constitutional protections, and separate immigrant families and communities. Freedom for Immigrants Homies Unidos Inc. In particular, the VISION Act would: Human Rights Watch ICE Out of Marin ● Prevent immigrants from being Indivisible Conejo subjected to perpetual punishment and Indivisible Ventura and unequal treatment by prohibiting Interfaith Movement for Human Integrity local and state agencies from Legal Services for Prisoners with Children conducting immigration arrests and from assisting or facilitating immigration Long Beach Immigrant Rights Coalition arrests, which includes prohibiting ICE National Day Laborer Organizing Network transfers. Orange County Justice Fund Orange County Rapid Response Network Resilience Orange County Re:Store Justice San Francisco Public Defender's Office San Diego Immigrant Rights Consortium Secure Justice Services, Immigrant Rights & Education Network 67 Sueños South Bay People Power VietRISE Young Women's Freedom Center Youth Justice Coalition

Legislative Member Co-Authors Asm. Ash Kalra (Joint Author) Asm. Miguel Santiago (Joint Author) Sen. Scott Wiener (Principal Co-Author) Asm. David Chiu (Principal Co-Author) Sen. Lena Gonzalez (Principal Co-Author) Asm. Mike Gipson (Co-Author) Asm. Reggie Jones Sawyer (Co-Author) Asm. Alex Lee (Co-Author) Sen. Ben Hueso (Co-Author) Sen. Nancy Skinner (Co-Author) Sen. Maria Elena Durazo (Co-Author) Sen. Cristina Garcia (Co-Author)

Contact Angela Chan Policy Director and Senior Staff Attorney Advancing Justice - Asian Law Caucus [email protected]