In Preparation for New Threats to California’s Immigrant Communities, Attorney General Bonta Issues Package of Guidance Advising Law Enforcement, Prosecutors, and Defense Counsel on State Law

SAN FRANCISCO – California Attorney General Rob Bonta today issued a package of updated bulletins and new guidance to assist state and local law enforcement agencies, prosecutors, and defense counsel in complying with state law as California prepares for new threats to its immigrant communities. The Attorney General released an updated information bulletin for law enforcement agencies on Senate Bill (SB) 54 – also known as “the California Values Act” – which limits the use of state and local resources in immigration enforcement, in anticipation of increased federal immigration activity in California under the incoming administration. The Attorney General also released updated guidance and resources on hate crimes for law enforcement, prosecutors, and the victims of these crimes in preparation for a potential increase in violence against immigrants as a result of the President-elect’s xenophobic rhetoric, as well as new guidance for prosecutors and defense counsel on their obligation to ensure that defendants understand the potential immigration consequences of taking a plea deal.

“While the President-elect spouts xenophobic rhetoric and makes plans to implement his inhumane mass deportation agenda, California is focused on protecting our communities. No matter who is in the White House, California will continue to lead with California values – and we will not divert vital public safety resources for federal immigration enforcement,” said Attorney General Bonta. “When someone witnesses or is the victim of a crime, it is important that they feel that they can turn to law enforcement and public institutions for help. Through these new and updated guidances, we are ensuring that law enforcement remains a partner and a resource for the California communities they serve, and that our legal system upholds the guaranteed rights of California immigrants under state and federal law.”

Law Enforcement’s Responsibilities Under SB 54

Attorney General Bonta issued updated bulletins describing local and state law enforcement agencies’ obligations under SB 54 (Statutes of 2017), which prohibits the use of state and local resources to assist with federal immigration enforcement, with very limited exceptions. Specifically, under SB 54:

• California law enforcement agencies are prohibited from investigating, interrogating, detaining, or arresting persons for immigration enforcement purposes.
• California law enforcement agencies cannot honor transfer and notification requests or provide information regarding a person’s release date except in certain circumstances outlined in the bulletin.
• California law enforcement agencies may not allow officers to be supervised by federal agencies or deputized for immigration enforcement purposes.
• California law enforcement agencies may not enter into new contracts with the federal government to house or detain noncitizens in a locked detention facility for purposes of immigration custody.
• California law enforcement agencies are prohibited from participating in joint law enforcement task forces where the primary purpose of the task force is immigration enforcement. 

Nothing in SB 54 prohibits a California law enforcement agency from investigating, detaining, or arresting individuals for criminal activity under state or federal law.

The bulletin is available here.

Defense Counsel and Prosecutors Responsibility Under Section 1016.3

The Attorney General issued new guidance to provide defense counsel and prosecutors with information regarding their obligations under Section 1016.3 of the Penal Code to affirmatively let defendants know about the immigration consequences of a proposed plea deal.

• Defense counsel is required to give personalized advice to their clients with respect to the options available to them, including the particular immigration consequences potentially associated with each option. Where necessary, defense counsel must conduct legal research or consult with immigration counsel to provide specific advice to their client.
• Prosecutors should consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution.

Section 1016.3 does not prevent or in any way prohibit prosecutors from prosecuting individuals for criminal activity under state or federal law.

A copy of the guidance is available here.

Resources for the Reporting of and Response to Hate Crimes

In light of the President-elect’s xenophobic rhetoric and an anticipated uptick in hostility toward immigrant communities, the Attorney General today issued updated guidance and resources for law enforcement, prosecutors, and victims of hate crimes:

1. Law Enforcement Bulletin on Laws Prohibiting Hate Crimes and/or Provide for Enhanced Penalties for Specific Hates Crimes
2. Hate Crimes Rapid Response Protocol for the Deployment of CADOJ Resources 
3. Guidance to Prosecutors on Hate Crimes 
4. **New** Know Your Rights and Protections Under Hate Crimes Laws

In California, it is considered a hate crime if you are targeted because of your actual or perceived nationality, including your immigration or citizenship status. If you witness or are the victim of a hate crime, you should report it to your local law enforcement agency. California law prohibits law enforcement authorities from asking individuals, including those who are reporting or victims of potential crimes, about their immigration status, unless the information is necessary to certify the victim for a U visa (victim of crime visa) or T visa (victim of human trafficking visa). 

More information on hate crimes is available at oag.ca.gov/hatecrimes.

Additional Resources and Guidance

Attorney General Bonta is committed to protecting, defending, and enforcing the rights of California immigrants. In the wake of the President-elect’s threats of an inhumane immigration agenda, the Attorney General hosted a series of regional convenings with immigrant rights groups, elected officials, and others in Los Angeles, San Francisco, Sacramento, and Salinas, with a fifth to follow later this month in San Diego. The Attorney General has also released a number of guidances to help California immigrants better understand their rights and protections under the law and assist public institutions in revising their policies and procedures in order to comply with state law. The full set of resources, available in multiple languages, can be accessed at oag.ca.gov/immigrant/resources.