RESOLUTION URGING THE CALIFORNIA STATE LEGISLATURE AND GOVERNOR JERRY BROWN TO SUPPORT ASSEMBLY BILL 1081, THE TRUST ACT, WHICH SETS STANDARDS FOR LOCAL GOVERNMENTS TO NOT DETAIN PEOPLE FOR DEPORTATION UNLESS THE INDIVIDUAL HAS A SERIOUS OR VIOLENT FELONY CONVICTION
WHEREAS, Secure Communities creates an automated information-sharing system through which fingerprints collected by local law enforcement at the time of booking are submitted by the California Department of Justice to the FBI, who in turn shares those fingerprints with Immigration and Customs Enforcement (ICE). Once ICE identifies someone suspected of violating federal immigration law, it uses a civil immigration detainer request to ask a County to hold the individual so that ICE can take custody of the inmate. Neither State nor Federal law requires a County to honor civil detainer requests. Recent court decisions and letters from ICE itself to local law enforcement agencies have confirmed that detainer requests not mandatory; and
WHEREAS, While the stated purpose of the Secure Communities program is to apprehend undocumented persons who have been convicted of serious crimes, in reality a large percentage of those apprehended and deported have either no criminal record or are low-level offenders. For example, According to ICE figures, in the nine Bay Area counties, since May 2009 when Secure Communities began in California to January 31, 2011, more than 79% of individuals indentified and taken into ICE custody as a result of Secure Communities have never been convicted of serious or violent offenses; and
WHEREAS, Assembly Bill 1081, the TRUST Act, introduced by Assemblymember Tom Ammiano, has been revised, given ICE’s decision to terminate the Memorandum of Agreements with states. The new bill, TRUST Act 2.0, is largely modeled after the County of Santa Clara’s detainer policy and would set a clear standard for local governments to not detain people for deportation unless the individuals has a serious or violent felony conviction. Additionally AB 1081 also guards against profiling and wrongful detention or citizens and crime victims.
NOW THEREFORE, BE IT RESOLVED by the Alameda County Democratic Central Committee, that it hereby supports Assembly Bill 1081, authored by Assemblymember Tom Ammiano, and urges the California State Legislature and Governor Jerry Brown to approve the legislation.
BE IT FURTHER RESOLVED that copies of this resolution be sent to Governor Jerry Brown, Senate President Pro Tem Darrell Steinberg and Assembly Speaker John A. Perez.
Submitted by Igor Tregub and Jesse Arreguin, Associate Members AD 14