Signed by Governor Jerry Brown, Jr.

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that prohibits law enforcement officials from detaining individual beyond release eligibility solely based on immigration status.

Highlights:

• Prohibits a law enforcement official from detaining an individual on the sole basis of an “immigration hold” after the individual becomes eligible for release from custody, except in certain circumstances, including, but not limited to, the following (Sec. 2):
• The individual has been convicted of a felony as defined by state or federal law;
• The individual is arrested and taken before a magistrate on a charge involving a felony; 
• The individual is identified by the United States Department of Homeland Security’s Immigration and Customs Enforcement as the subject of an outstanding federal felony arrest warrant; 
• The individual has been convicted within the past 5 years of a misdemeanor for a crime that is punishable as either a misdemeanor or a felony; 
• The individual is a current registrant on the California Sex and Arson Registry; or
• The continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or any local policy.

• Defines “immigration hold” as an immigration detainer request issued by an immigration officer for a law enforcement official to do the following (Sec. 2):
• To maintain custody of an individual for no more than 48 hours, excluding Saturdays, Sundays, and holidays; and
• To advise the immigration officer prior to the release of the individual.

• Specifies that the provisions of this bill are severable, and if one provision is held invalid it will not affect other sections of the bill (Sec. 3). 

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits law enforcement officials from detaining an individual beyond release eligibility solely based on immigration status.

Highlights:

• Prohibits a law enforcement official from detaining an individual on the sole basis of an “immigration hold” after the individual becomes eligible for release from custody, except in certain circumstances, including, but not limited to, the following (Sec. 2):
• The individual has been convicted of a felony as defined by state or federal law;
• The individual is arrested and taken before a magistrate on a charge involving a felony; 
• The individual is identified by the United States Department of Homeland Security’s Immigration and Customs Enforcement as the subject of an outstanding federal felony arrest warrant; 
• The individual has been convicted within the past 5 years of a misdemeanor for a crime that is punishable as either a misdemeanor or a felony; 
• The individual is a current registrant on the California Sex and Arson Registry; or
• The continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or any local policy.

• Defines “immigration hold” as an immigration detainer request issued by an immigration officer for a law enforcement official to do the following (Sec. 2):
• To maintain custody of an individual for no more than 48 hours, excluding Saturdays, Sundays, and holidays; and
• To advise the immigration officer prior to the release of the individual.

• Specifies that the provisions of this bill are severable, and if one provision is held invalid it will not affect other sections of the bill (Sec. 3). 

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits law enforcement officers from detaining an individual on the basis of immigration status.

Highlights:

• Prohibits a law enforcement official from detaining an individual on the basis of an “immigration hold” after the individual is eligible from release from criminal custody, unless the following circumstances occur (Sec. 2):
• The individual has been convicted of a serious or violent felony; or
• The individual’s detention does not violate federal, state or local law. 

• Defines “immigration hold” as an instance where an immigration officer requests a law enforcement official maintain custody of an individual for a period not greater than 48 hours, excluding Saturdays, Sundays, and holidays, and to advise the immigration officer prior to the release of that individual (Sec. 2). 

Full Bill Text