The introduction of AB 298 will hold substantial implications for state laws governing immigration and local law enforcement practices. The bill seeks to compel local authorities to collaborate more closely with federal immigration enforcement by enforcing detainment periods. As a consequence, local law enforcement agencies may experience significant changes in operational protocols, especially regarding the handling of individuals entitled to release from custody, which could lead to increased detainment without local discretion.
Assembly Bill 298, introduced by Assembly Member Gallagher, proposes amendments to Sections 7282 and 7282.5 of the Government Code concerning immigration holds. The bill mandates local law enforcement officials to detain individuals convicted of felonies based on immigration holds for up to 48 hours post-eligibility for release, provided such detention aligns with federal law. This legislative change shifts some discretion from law enforcement to a mandatory compliance framework under specific circumstances, primarily hinging on felony convictions and public safety considerations.
However, the bill has sparked notable contention. Critics argue that it may infringe upon rights and exacerbate community distrust toward law enforcement, especially among immigrant communities. Opponents contend that it imposes a state-mandated program that might result in local officials facing conflicting obligations between state enforcement mandates and the need to uphold community trust and local policies. Additionally, there are concerns surrounding the fiscal implications for local agencies, which might necessitate reimbursement for the costs incurred due to these new duties.