California OKs bill shielding illegals (TRUST Act, challenging Secure Communities)

[alp227]

Source: SF Chronicle

California state legislators passed a bill Friday that seeks to protect undocumented immigrants charged with relatively minor crimes from being deported.

The bill, by Assemblyman Tom Ammiano, D-San Francisco, would prohibit local police from detaining anyone on an immigration hold if the person is not charged with or has not been convicted of a serious or violent crime.

The bill, which only needs the signature of Gov. Jerry Brown to become law, passed the Assembly on Friday after being amended in the state Senate to remove language that would have required police departments to develop plans to guard against racial profiling.

Advocates and critics alike said the legislation is the largest challenge to the use of immigration holds in local jails, including President Obama's Secure Communities program, because it would impact law enforcement throughout the most populous state, one with a significant immigrant population.

Read more: http://www.sfgate.com/news/article/California-OKs-bill-shielding-illegals-3814325.php

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Gov. Jerry Brown, as attorney general, supported Secure Communities, even blocking an attempt by the San Francisco sheriff to opt out of the program.

[pampango]

1. "AB1081 passed the Assembly on a party line, 44-23 vote..."

Several GOP lawmakers spoke against the bill Friday, saying it would take away an important tool for ridding California of law-breakers.

AB1081 passed the Assembly on a party line, 44-23 vote after a lengthy debate.

As the debate became more heated, (Assemblyman Tom) Ammiano (D-San Francisco) said some of the bill's Republican opponents had "been in the sun too long building that silly fence," drawing a reprimand from Democratic house leadership.

The bill has been dubbed "anti-Arizona" legislation, a reference to that state's immigrant identification law. Supporters argue that the Secure Communities program targets otherwise law-abiding immigrants who commit minor traffic infractions, sell food without a permit or are arrested on misdemeanors charges but never convicted.

http://www.dailydemocrat.com/news/ci_21399022/immigrant-detentions-could-be-limited-by-state

Not too hard to tell Democratic states like California from republican states like Arizona and Alabama.

[Vattel]

2. Awesome!!!!

Last edited Sat Aug 25, 2012, 10:55 AM - Edit history (1)

[BigD_95]

3. How is this awesome?

Why shouldnt they be departed if they arent here within the law?

[Vattel]

6. Um, you don't really expect a full answer to that question, do you?

One reason why is that illegally crossing borders out of economic necessity is not morally wrong. Another is that their well-being matters. See post five below for another reason.

[slackmaster]

4. This is pure window dressing. It won't change anything.

I wish the legislature would get off its duff and work on something more important like the budget.

[hunter]

5. Without laws like this immigrant communities stop talking to police.

That's bad for everyone.

[Igel]

7. Yet the question remains:

Is this just the state preventing local jurisdictions from cooperating?

Or is it a state seeking to preempt federal immigration policy?

If the former, then it's constitutional. If the latter, then it's no more constitutional than Arizona's law, which was ostensibly the state not preempting federal policy but just state-internal regulation of businesses.