This chapter shall be known, and may be cited, as the California Values Act.
Chapter 17.25Cooperation with Immigration Authorities
Section § 7284
This section simply names the legislative chapter as the California Values Act. It's the title you'll use to refer to this law.
California Values Act chapter name legislative title law citation official title statute name citing law referencing law state law title designation of law
Section § 7284.10
This law requires the California Department of Corrections and Rehabilitation to take specific actions regarding individuals in their custody when it comes to immigration-related matters. First, before any interview with ICE about civil immigration violations, the department must give the individual a written consent form explaining that the interview is voluntary and can be declined or conducted with their attorney present. This form should be available in multiple languages. Second, if there's an ICE request for a hold, notification, or transfer, the department must inform the individual and tell them if they plan to comply.
The law also prohibits the department from restricting access to programs or opportunities based on immigration status and from using citizenship status in determining custodial classification, regardless of immigration proceedings or requests by immigration authorities.
(a)CA Government Code § 7284.10(a) The Department of Corrections and Rehabilitation shall:
(1)CA Government Code § 7284.10(a)(1) In advance of any interview between the United States Immigration and Customs Enforcement (ICE) and an individual in department custody regarding civil immigration violations, provide the individual with a written consent form that explains the purpose of the interview, that the interview is voluntary, and that he or she may decline to be interviewed or may choose to be interviewed only with his or her attorney present. The written consent form shall be available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean.
(2)CA Government Code § 7284.10(a)(2) Upon receiving any ICE hold, notification, or transfer request, provide a copy of the
request to the individual and inform him or her whether the department intends to comply with the request.
(b)CA Government Code § 7284.10(b) The Department of Corrections and Rehabilitation shall not:
(1)CA Government Code § 7284.10(b)(1) Restrict access to any in-prison educational or rehabilitative programming, or credit-earning opportunity on the sole basis of citizenship or immigration status, including, but not limited to, whether the person is in removal proceedings, or immigration authorities have issued a hold request, transfer request, notification request, or civil immigration warrant against the individual.
(2)CA Government Code § 7284.10(b)(2) Consider citizenship and immigration status as a factor in determining a person’s custodial classification level, including, but not limited to, whether the person is in removal proceedings, or whether immigration authorities have issued a hold request, transfer
request, notification request, or civil immigration warrant against the individual.
ICE interview consent immigration violations civil immigration interview voluntary ICE interview written consent form ICE hold request educational programming access rehabilitative programming custodial classification immigration status discrimination custody notification immigration-related actions language accessibility attorney presence program eligibility based on citizenship
Section § 7284.12
This law states that if any part of the act is found to be invalid or unenforceable, the rest of the act remains valid and can still be applied. It means each part of the act operates independently, so if one part doesn't work, it doesn't affect the rest.
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.
severability invalid provision independent application act provisions legal enforceability invalidity impact partial invalidity application without invalid provision provision independence law flexibility
Section § 7284.2
This section emphasizes the importance of immigrants as essential members of the California community. It highlights the need for trust between immigrants and local agencies to ensure public safety. The law warns that intertwining state and local agencies with federal immigration enforcement can undermine this trust and divert critical resources. Additionally, such entwining can raise constitutional issues, like unlawful detention and discrimination. The aim is to promote effective policing and protect the constitutional rights and safety of Californians, while directing resources to priorities of local and state importance. The Legislature clarifies that this law does not authorize local or state agencies to engage in immigration enforcement.
The Legislature finds and declares the following:
(a)CA Government Code § 7284.2(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)CA Government Code § 7284.2(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)CA Government Code § 7284.2(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 well-being of all Californians.
(d)CA Government Code § 7284.2(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)CA Government Code § 7284.2(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. See Sanchez Ochoa v. Campbell, et al. (E.D. Wash. 2017) 2017 WL 3476777; Trujillo Santoya v. United States, et al. (W.D. Tex. 2017) 2017 WL 2896021; Moreno v.
Napolitano (N.D. Ill. 2016) 213 F. Supp. 3d 999; Morales v. Chadbourne (1st Cir. 2015) 793 F.3d 208; Miranda-Olivares v. Clackamas County (D. Or. 2014) 2014 WL 1414305; Galarza v. Szalczyk (3d Cir. 2014) 745 F.3d 634.
(f)CA Government Code § 7284.2(f) This chapter seeks to ensure effective policing, to protect the 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.
(g)CA Government Code § 7284.2(g) It is the intent of the Legislature that this chapter shall not be construed as providing, expanding, or ratifying any legal authority for any state or local law enforcement agency to participate in immigration enforcement.
immigrant community trust public safety federal immigration enforcement constitutional concerns Fourth Amendment Equal Protection Clause local and state resources effective policing California community unlawful detention discrimination based on race entanglement of agencies Sanchez Ochoa v. Campbell Trujillo Santoya v. United States Moreno v. Napolitano
Section § 7284.4
This law section defines important terms related to California's approach to immigration enforcement. It clarifies what counts as a California law enforcement agency, specifically excluding the Department of Corrections and Rehabilitation. It explains what a civil immigration warrant is and who can be considered an immigration authority. The section also outlines what constitutes a health facility and provides definitions for hold, notification, and transfer requests related to immigration, as stipulated in a different section of the law.
Moreover, it defines immigration enforcement, including actions investigating federal civil and criminal immigration laws. A joint law enforcement task force is described as local agencies working with federal agencies. Judicial probable cause determination and judicial warrant are defined as legal standards from federal judges authorizing arrests for immigration law violations. Public schools and school police and security departments are also defined under this law.
For purposes of this chapter, the following terms have the following meanings:
(a)CA Government Code § 7284.4(a) “California law enforcement agency” means a state or local law enforcement agency, including school police or security departments. “California law enforcement agency” does not include the Department of Corrections and Rehabilitation.
(b)CA Government Code § 7284.4(b) “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.
(c)CA Government Code § 7284.4(c) “Immigration authority” means any federal, state, or local officer, employee, or person performing immigration enforcement
functions.
(d)CA Government Code § 7284.4(d) “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.
(e)CA Government Code § 7284.4(e) “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 immigration authorities.
(f)CA Government Code § 7284.4(f) “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.
(g)CA Government Code § 7284.4(g) “Joint law enforcement task force” means at least one California law enforcement agency collaborating, engaging, or partnering with at least one federal law enforcement agency in investigating federal or state crimes.
(h)CA Government Code § 7284.4(h) “Judicial probable cause determination” means a determination made by a federal judge or federal magistrate judge that probable cause exists that an individual has violated federal criminal immigration law and that authorizes a law enforcement officer to arrest and take into custody the individual.
(i)CA Government Code § 7284.4(i) “Judicial warrant” means a warrant based on probable cause for a violation of federal criminal
immigration law and issued by a federal judge or a federal magistrate judge that authorizes a law enforcement officer to arrest and take into custody the person who is the subject of the warrant.
(j)CA Government Code § 7284.4(j) “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.
(k)CA Government Code § 7284.4(k) “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.
California law enforcement agency civil immigration warrant immigration authority health facility hold request notification request transfer request immigration enforcement joint law enforcement task force judicial probable cause determination judicial warrant public schools school police security departments immigration law
Section § 7284.6
This law restricts California law enforcement agencies from engaging in or supporting immigration enforcement activities. These include investigating, arresting, or detaining individuals for immigration purposes and sharing personal information, unless publicly available. Local officers can't act under federal immigration supervision or use federal immigration authorities as interpreters. Transfers to immigration authorities are only allowed with a judicial warrant, probable cause, or as specified by law.
However, the law permits agencies to conduct joint operations with federal authorities for non-immigration related matters and share information about criminal history when allowed by state law. The law also outlines reporting requirements for participation in joint law enforcement task forces, including details on arrests and transfers related to immigration enforcement, while ensuring public access to such records.
It allows the exchange of citizenship or immigration status information with federal authorities as per federal law, and it does not restrict California agencies from exercising local jurisdiction over criminal matters.
(a)CA Government Code § 7284.6(a) California law enforcement agencies shall not:
(1)CA Government Code § 7284.6(a)(1) Use agency or department moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, including any of the following:
(A)CA Government Code § 7284.6(a)(1)(A) Inquiring into an individual’s immigration status.
(B)CA Government Code § 7284.6(a)(1)(B) Detaining an individual on the basis of a hold request.
(C)CA Government Code § 7284.6(a)(1)(C) Providing information regarding a person’s release date or responding to requests for notification by providing release dates or other information unless that
information is available to the public, or is in response to a notification request from immigration authorities in accordance with Section 7282.5. Responses are never required, but are permitted under this subdivision, provided that they do not violate any local law or policy.
(D)CA Government Code § 7284.6(a)(1)(D) Providing personal information, as defined in Section 1798.3 of the Civil Code, about an individual, including, but not limited to, the individual’s home address or work address unless that information is available to the public.
(E)CA Government Code § 7284.6(a)(1)(E) Making or intentionally participating in arrests based on civil immigration warrants.
(F)CA Government Code § 7284.6(a)(1)(F) Assisting immigration authorities in the activities described in Section 1357(a)(3) of Title 8 of the United States Code.
(G)CA Government Code § 7284.6(a)(1)(G) 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)CA Government Code § 7284.6(a)(2) Place peace officers under the supervision of federal agencies or employ peace officers deputized as special federal officers or special federal deputies for purposes of immigration enforcement. All peace officers remain subject to California law governing conduct of peace officers and the policies of the employing agency.
(3)CA Government Code § 7284.6(a)(3) Use immigration authorities as interpreters for law enforcement matters relating to individuals in agency or department custody.
(4)CA Government Code § 7284.6(a)(4) Transfer an individual to immigration authorities unless authorized by a judicial warrant or judicial probable cause determination, or in accordance with Section 7282.5.
(5)CA Government Code § 7284.6(a)(5) Provide office space exclusively dedicated for immigration authorities for use within a city or county law enforcement facility.
(6)CA Government Code § 7284.6(a)(6) Contract with the federal government for use of California law enforcement agency facilities to house individuals as federal detainees for purposes of civil immigration custody, except pursuant to Chapter 17.8 (commencing with Section 7310).
(b)CA Government Code § 7284.6(b) Notwithstanding the limitations in subdivision (a), this section does not prevent any California law enforcement agency from doing any of the following that does not violate
any policy of the law enforcement agency or any local law or policy of the jurisdiction in which the agency is operating:
(1)CA Government Code § 7284.6(b)(1) Investigating, enforcing, or detaining upon reasonable suspicion of, or arresting for a violation of, Section 1326(a) of Title 8 of the United States Code that may be subject to the enhancement specified in Section 1326(b)(2) of Title 8 of the United States Code and that is detected during an unrelated law enforcement activity. Transfers to immigration authorities are permitted under this subsection only in accordance with paragraph (4) of subdivision (a).
(2)CA Government Code § 7284.6(b)(2) Responding to a request from immigration authorities for information about a specific person’s criminal history, including previous criminal arrests, convictions, or similar criminal history
information accessed through the California Law Enforcement Telecommunications System (CLETS), where otherwise permitted by state law.
(3)CA Government Code § 7284.6(b)(3) Conducting enforcement or investigative duties associated with a joint law enforcement task force, including the sharing of confidential information with other law enforcement agencies for purposes of task force investigations, so long as the following conditions are met:
(A)CA Government Code § 7284.6(b)(3)(A) The primary purpose of the joint law enforcement task force is not immigration enforcement, as defined in subdivision (f) of Section 7284.4.
(B)CA Government Code § 7284.6(b)(3)(B) The enforcement or investigative duties are primarily related to a violation of state or federal law unrelated to immigration enforcement.
(C)CA Government Code § 7284.6(b)(3)(C) Participation in the task force by a California law enforcement agency does not violate any local law or policy to which it is otherwise subject.
(4)CA Government Code § 7284.6(b)(4) Making inquiries into information necessary to certify an individual who has been identified as a potential crime or trafficking victim for a T or U Visa pursuant to Section 1101(a)(15)(T) or 1101(a)(15)(U) of Title 8 of the United States Code or to comply with Section 922(d)(5) of Title 18 of the United States Code.
(5)CA Government Code § 7284.6(b)(5) Giving immigration authorities access to interview an individual in agency or department custody. All interview access shall comply with requirements of the TRUTH Act (Chapter 17.2 (commencing with Section 7283)).
(c)Copy CA Government Code § 7284.6(c)
(1)Copy CA Government Code § 7284.6(c)(1) If a California law enforcement agency chooses to participate in a joint law enforcement task force, for which a California law enforcement agency has agreed to dedicate personnel or resources on an ongoing basis, it shall submit a report annually to the Department of Justice, as specified by the Attorney General. The law enforcement agency shall report the following information, if known, for each task force of which it is a member:
(A)CA Government Code § 7284.6(c)(1)(A) The purpose of the task force.
(B)CA Government Code § 7284.6(c)(1)(B) The federal, state, and local law enforcement agencies involved.
(C)CA Government Code § 7284.6(c)(1)(C) The total number of arrests made during the reporting period.
(D)CA Government Code § 7284.6(c)(1)(D) The number of people arrested for immigration enforcement purposes.
(2)CA Government Code § 7284.6(c)(2) All law enforcement agencies shall report annually to the Department of Justice, in a manner specified by the Attorney General, the number of transfers pursuant to paragraph (4) of subdivision (a), and the offense that allowed for the transfer pursuant to paragraph (4) of subdivision (a).
(3)CA Government Code § 7284.6(c)(3) All records described in this subdivision 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. To the extent that disclosure of a particular item of information would
endanger the safety of a person involved in an investigation, or would endanger the successful completion of the investigation or a related investigation, that information shall not be disclosed.
(4)CA Government Code § 7284.6(c)(4) If more than one California law enforcement agency is participating in a joint task force that meets the reporting requirement pursuant to this section, the joint task force shall designate a local or state agency responsible for completing the reporting requirement.
(d)CA Government Code § 7284.6(d) The Attorney General, by March 1, 2019, and annually thereafter, shall report on the total number of arrests made by joint law enforcement task forces, and the total number of arrests made for the purpose of immigration enforcement by all task force participants, including federal law enforcement agencies. To the extent
that disclosure of a particular item of information would endanger the safety of a person involved in an investigation, or would endanger the successful completion of the investigation or a related investigation, that information shall not be included in the Attorney General’s report. The Attorney General shall post the reports required by this subdivision on the Attorney General’s internet website.
(e)CA Government Code § 7284.6(e) This section does not prohibit or restrict 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, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal,
state, or local government entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.
(f)CA Government Code § 7284.6(f) Nothing in this section shall prohibit a California law enforcement agency from asserting its own jurisdiction over criminal law enforcement matters.
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Section § 7284.8
This law requires the California Attorney General to create guidelines, by October 1, 2018, to help public schools, libraries, health facilities, courthouses, labor boards, and certain other entities limit their cooperation with immigration enforcement. These places should remain welcoming to everyone, no matter their immigration status. All public schools, state-run health facilities, and courthouses must adopt this policy or something similar. Other entities are encouraged to follow suit.
For databases managed by state and local law enforcement, the Attorney General must also issue instructions to protect personal information from being used for immigration enforcement as much as possible legally. Law enforcement agencies should adjust their database policies based on this guidance.
Lastly, the Department of Justice is allowed to enforce these rules without undergoing the usual formal regulatory procedures.
(a)CA Government Code § 7284.8(a) The Attorney General, by October 1, 2018, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law at public schools, public libraries, health facilities operated by the state or a political subdivision of the state, courthouses, Division of Labor Standards Enforcement facilities, the Agricultural Labor Relations Board, the Division of Workers Compensation, and shelters, and ensuring 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. The
Agricultural Labor Relations Board, the Division of Workers’ Compensation, the Division of Labor Standards Enforcement, shelters, libraries, and 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.
(b)CA Government Code § 7284.8(b) For any databases operated by state and local law enforcement agencies, including databases maintained for the agency by private vendors, the Attorney General shall, by October 1, 2018, in consultation with appropriate stakeholders, publish guidance, audit criteria, and training recommendations aimed at ensuring that those databases are governed in a manner that limits the availability of information therein to the fullest extent practicable and consistent with federal and state law, to anyone or any entity for the purpose of immigration enforcement. All state and local law
enforcement agencies are encouraged to adopt necessary changes to database governance policies consistent with that guidance.
(c)CA Government Code § 7284.8(c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2), the Department of Justice may implement, interpret, or make specific this chapter without taking any regulatory action.
immigration enforcement model policies public schools public libraries health facilities courthouses Division of Labor Standards Enforcement Agricultural Labor Relations Board Division of Workers' Compensation shelters database governance data privacy law enforcement databases Department of Justice California Attorney General
