California SB 54: Sanctuary City on Steroids Detrimental Impact to the City of Thousand Oaks
Thousand Oaks City Council candidate warns about the dangers ....
By Dr. Kevin McNamee
SB54 Law enforcement: sharing data. (20172018)
SECTION 1. Section 11369 of the Health and Safety Code is repealed.
SEC. 2. Chapter 17.25 (commencing with Section 7284) is added to Division 7 of Title 1 of the Government
Code, to read:
CHAPTER 17.25. Cooperation With Federal Immigration Authorities
7284. This chapter shall be known, and may be cited, as the California Values Act.
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 agencies is central
to the public safety of the people of California.
(c) This trust is threatened when state and local 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, seeking basic health services, or attending school, to the detriment of public safety
and the wellbeing 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.
(f) This act seeks to ensure effective policing, to protect the safety, wellbeing, and constitutional rights of the
people of California, and to direct the state’s limited resources to matters of greatest concern to state and
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.
(d) “Hold request,” “notification request,” “transfer request,” and “local law enforcement agency” have the
same meaning as provided in Section 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.
(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.
(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.
(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
(i) “State agency” has the same meaning as provided in Section 11000 of the Government Code.
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, or arrest persons for immigration enforcement purposes, including, but not limited to, any of
(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.
(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.
(E) Making arrests based on civil immigration warrants.
(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.
(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) Make agency or department 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. Any
agreements in existence on the date that this chapter becomes operative that 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.
(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
(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).
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, 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 limiting immigration enforcement
to the fullest extent possible consistent with federal and state law at public schools, health facilities operated
by the state or a political subdivision of the state, courthouses, and shelters, to ensure that they remain safe
and accessible to all California residents, regardless of immigration status. 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.
7284.10. Nothing in this chapter prohibits or restricts any government entity or official from sending to, or
receiving from, federal immigration authorities, information regarding the citizenship or immigration status,
lawful or unlawful, of an individual pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.
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
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or
safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The
facts constituting the necessity are:
Because changes in federal immigration enforcement policies require a statewide standard that clarifies the
appropriate level of cooperation between federal immigration enforcement agents and state and local
governments as soon as possible, it is necessary for this measure to take effect immediately