Law enforcement: cooperation with immigration authorities.
The bill modifies existing regulations that restrict law enforcement from notifying immigration authorities about detainees or transferring individuals to federal custody without a judicial warrant or probable cause. By allowing such actions under specified circumstances, AB1408 increases the scope of discretion for law enforcement in immigration-related matters. This change could affect how local jurisdictions enforce immigration laws and influence the balance between local policy and federal immigration enforcement.
AB1408, introduced by Assembly Member Mathis, seeks to amend various sections of the California Government Code and Penal Code concerning law enforcement's cooperation with immigration authorities. The bill emphasizes the necessity of conducting a pretrial risk assessment for individuals arrested for specified misdemeanor offenses before determining their eligibility for release. Additionally, it permits law enforcement to share information with immigration authorities regarding an individual’s custody status if that person is assessed as posing medium or high risk or if local law enforcement determines the individual is a danger to public safety.
However, AB1408 presents points of contention primarily among local governments and immigrant advocacy groups. Critics argue that the amendment undermines the California Values Act, which generally limits the involvement of local law enforcement in civil immigration enforcement. Opponents fear that the bill could lead to increased fear among immigrant communities, potentially discouraging cooperation with law enforcement due to concerns over deportation. Proponents, on the other hand, argue that permitting cooperation with immigration authorities in cases that involve serious public safety risks is necessary to maintain community safety.