Standards For Participation In United States Immigration And Customs Enforcement Programs - - CA Government

Section § 7283

This law defines several key terms related to the interaction between local law enforcement agencies and Immigration and Customs Enforcement (ICE) for immigration enforcement. A 'community forum' is a public meeting open for comments, announced 30 days in advance. A 'hold request' is when ICE asks local agencies to keep someone in custody longer than they would normally be held, to aid in transferring them to ICE. The 'governing body' for a county is its board of supervisors. 'ICE access' includes various actions like responding to ICE requests, sharing information about detainees’ release, or allowing ICE interviews. A 'local law enforcement agency' refers to any city or county agency that can arrest or detain individuals and manage compliance with legal conditions like probation. A 'notification request' is when ICE asks to be informed about a detainee’s release before the public knows, and a 'transfer request' is when ICE asks for help in taking custody of a detainee.

For purposes of this chapter, the following terms have the following meanings:

(a) “Community forum” includes, but is not limited to, any regular meeting of the local governing body that is open to the public, where the public may provide comment, is in an accessible location, and is noticed at least 30 days in advance.

(b) “Hold request” means a federal Immigration and Customs Enforcement (ICE) request that a local law enforcement agency maintain custody of an individual currently in its custody beyond the time he or she would otherwise be eligible for release in order to facilitate transfer to ICE and includes, but is not limited to, Department of Homeland Security (DHS) Form I-247D.

(d) “ICE access” means, for the purposes of civil immigration enforcement, including when an individual is stopped with or without their consent, arrested, detained, or otherwise under the control of the local law enforcement agency, all of the following:

(1) Responding to an ICE hold, notification, or transfer request.

(2) Providing notification to ICE in advance of the public that an individual is being or will be released at a certain date and time through data sharing or otherwise.

(3) Providing ICE non-publicly available information regarding release dates, home addresses, or work addresses, whether through computer databases, jail logs, or otherwise.

(4) Allowing ICE to interview an individual.

(5) Providing ICE information regarding dates and times of probation or parole check-ins.

(e) “Local law enforcement agency” means any agency of a city, county, city and county, special district, or other political subdivision of the state that is authorized to enforce criminal statutes, regulations, or local ordinances; or to operate jails or to maintain custody of individuals in jails; or to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities; or to monitor compliance with probation or parole conditions.

(f) “Notification request” means an Immigration and Customs Enforcement request that a local law enforcement agency inform ICE of the release date and time in advance of the public of an individual in its custody and includes, but is not limited to, DHS Form I-247N.

(g) “Transfer request” means an Immigration and Customs Enforcement request that a local law enforcement agency facilitate the transfer of an individual in its custody to ICE, and includes, but is not limited to, DHS Form I-247X.

community forum federal ICE request custody beyond release Department of Homeland Security ICE hold ICE notification ICE transfer non-public information sharing local law enforcement criminal enforcement juvenile detention probation check-ins public meeting requirements DHS Form I-247D DHS Form I-247N

(Added by Stats. 2016, Ch. 768, Sec. 3. (AB 2792) Effective January 1, 2017.)

Section § 7283.1

This law outlines procedures for local law enforcement when dealing with Immigration and Customs Enforcement (ICE) interactions. If ICE wants to interview someone in custody about immigration issues, the person must get a consent form explaining the interview is voluntary, and they can decline or have an attorney present. The form should be in several languages. When local law enforcement gets a hold, notification, or transfer request from ICE, they must tell the person and share their compliance plan.

All records about ICE access by local law enforcement are public, but personal info can be hidden. Local governments must hold a public forum each year if their law enforcement worked with ICE, to inform the public and ask for feedback. Statistics or records about ICE access must be shared, without showing personal info.

(a) In advance of any interview between ICE and an individual in local law enforcement custody regarding civil immigration violations, the local law enforcement entity shall provide the individual with a written consent form that explains the purpose of the interview, that the interview is voluntary, and that the individual may decline to be interviewed or may choose to be interviewed only with the individual’s attorney present. The written consent form shall be available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. The written consent form shall also be available in any additional languages that meet the county threshold as defined in subdivision (d) of Section 128552 of the Health and Safety Code if certified translations in those languages are made available to the local law enforcement agency at no cost.

(b) Upon receiving any ICE hold, notification, or transfer request, the local law enforcement agency shall provide a copy of the request to the individual and inform the individual whether the law enforcement agency intends to comply with the request. If a local law enforcement agency provides ICE with notification that an individual is being, or will be, released on a certain date, the local law enforcement agency shall promptly provide the same notification in writing to the individual and to the individual’s attorney or to one additional person who the individual shall be permitted to designate.

(c) All records relating to ICE access provided by local law enforcement agencies, including all communication with ICE, shall be public records for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000)), including the exemptions provided by that act and, as permitted under that act, personal identifying information may be redacted prior to public disclosure. Records relating to ICE access include, but are not limited to, data maintained by the local law enforcement agency regarding the number and demographic characteristics of individuals to whom the agency has provided ICE access, the date ICE access was provided, and whether the ICE access was provided through a hold, transfer, or notification request or through other means.

(d) Beginning January 1, 2018, the local governing body of any county, city, or city and county in which a local law enforcement agency has provided ICE access to an individual during the last year shall hold at least one community forum during the following year, that is open to the public, in an accessible location, and with at least 30 days’ notice to provide information to the public about ICE’s access to individuals and to receive and consider public comment. As part of this forum, the local law enforcement agency may provide the governing body with data it maintains regarding the number and demographic characteristics of individuals to whom the agency has provided ICE access, the date ICE access was provided, and whether the ICE access was provided through a hold, transfer, or notification request or through other means. Data may be provided in the form of statistics or, if statistics are not maintained, individual records, provided that personally identifiable information shall be redacted.

ICE interview consent voluntary interview language requirement ICE hold request public records community forum public feedback immigration rights law enforcement procedures data transparency personal identifying information attorney rights custody protocols language access public disclosure

(Amended by Stats. 2021, Ch. 615, Sec. 146. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)

Section § 7283.2

This law states that state or local law enforcement agencies in California do not have increased legal power to hold someone just because they receive a request from ICE (Immigration and Customs Enforcement) to detain that person. It clarifies that this chapter does not change or increase their authority in response to such requests.

Nothing in this chapter shall be construed to provide, expand, or ratify the legal authority of any state or local law enforcement agency to detain an individual based upon an ICE hold request.

ICE hold request state law enforcement local law enforcement detain individual expanded authority immigration enforcement detention limitations ICE requests law enforcement powers legal authority of agencies California immigration policy ICE detainer compliance immigration and law enforcement detention authority restrictions

(Added by Stats. 2016, Ch. 768, Sec. 3. (AB 2792) Effective January 1, 2017.)