Signing of TRUST expected to propel national immigration debate in new direction

 

 

When: Monday, Oct. 7, 10:30 AM  Pacific / 1:30 PM  Eastern

Who: Confirmed speakers include - 

  • Assemblymember Tom Ammiano, D - San Francisco
  • Former Los Angeles Mayor Antonio Villaraigosa
  • Jose Antonio Vargas, Pulitzer Prize-winning undocumented journalist and founder of Define American
  • Rabbi Ken Chasen, Leo Baeck Temple, Los Angeles
  • Neidi Dominguez, California Immigrant Youth Justice Alliance
  • María Sánchez, LA mom facing deportation due to arrest over a fender-bender in Torrance; member of POWER
  • Dean Santos, youth who faced deportation after minor arrest, member of ASPIRE

The call is hosted by the organizational sponsors of the TRUST Act: Asian Americans Advancing Justice - Asian Law Caucus, National Day Laborer Organizing Network, California Immigrant Policy Center, ACLU of California, and Mexican American Legal Defense and Educational Fund

Background: Governor Jerry Brown's signing of the TRUST Act (AB 4 - Ammiano)  along with several other key pro-immigrant measures Saturday   has brought hope to millions of immigrant Californians and galvanized immigrant advocates across the nation. On Monday's tele-press conference, key leaders will examine the TRUST Act's impact on California, neighboring states, and national immigration reform debate.

The TRUST Act will ease the painful impact of the "Secure" Communities or S-Comm deportation program, which turns even low level or unjustified arrests into extended detentions for deportation purposes in local jails, separating families and undermining community confidence in law enforcement. S-Comm has deported a total of nearly 100,000 Californians to date, most with minor or no convictions. 

The compromise version of TRUST signed into law by the Governor gives law enforcement much more leeway to respond to immigration "detainer" requests than last year's version of the bill, while setting a minimum standard to ensure that those with most low-level, non-violent offenses are not wastefully held for deportation purposes. For example, the bill allows holds for both felony convictions and also for those accused of felonies under certain circumstances. The new law also allows holds for people with a number of higher level misdemeanor (or “wobbler”) convictions within 5 years, and for certain federal criminal convictions.

The new law, which will take effect on Jan. 1, 2014  , has earned a growing wave of support including former Dept. of Homeland Security Secretary Janet Napolitanopolice chiefs  including San Diego’s Chief Lansdowne, Los Angeles Sheriff Lee Baca, 28 members of US Congresslegal experts, and faith leaders.

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Published in Comunicados de prensa
Viernes, 31 Agosto 2012 12:09

Los Angeles City Council Votes on TRUST Act

Los Angeles City Council Votes on TRUST Act

National Day Laborer Organizing Network Statement

CONTACT: Chris Newman, Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo.

LOS ANGELES –The Los Angeles City Council votes on the TRUST Act today following incorrect claims made earlier this week by some sheriffs that the measure conflicts with federal law.

Chris Newman, Legal Director of the National Day Laborer Organizing Network (NDLON), released the following statement:

“Sherriff Lee Baca’s profound misunderstanding of the law and his unwillingness to join the rest of us in an earnest policy discussion is proof of the need for the TRUST Act.”

Press release on letter from law professors and deans to Gov. Brown refuting sheriffs’ claims below

 


 

Prominent Law Professors and Deans Endorse TRUST Act,
Refute Some Sheriffs’ Incorrect Claims that Measure Conflicts with Federal Law
Support for Legislation Reaches Critical Mass as Key Law Enforcement Officials Back Bill to Limit Immigrant Detentions

SACRAMENTO – Support for the TRUST Act, the California legislation billed as the “Anti-Arizona” immigration policy, continues to grow across a broad coalition urging California Gov. Jerry Brown to sign the bill into law.

Top law professors from around the country issued a letter to Gov. Brown today supporting the legislation and refuting the principal argument against the TRUST Act(AB 1081 – Ammiano). The letter, signed by 31 professors, explains that federal requests to local law enforcement officials to detain undocumented immigrants for additional time are not orders carrying the force of law, as some sheriffs have claimed. In fact, the Professors explain, these “hold” requests are completely optional, and California’s effort to limit them is entirely within its power. Pledges made by some Sheriffs to defy the legislation if it is signed into law have no legal basis.

Meanwhile, two crucial new law enforcement leaders endorsed the legislation this week, including a past President of the State Sheriff’s Association. The endorsement highlights divisions within the Association, the sole entity which has registered opposition to the bill. The division emerged as a wide coalition continues to grow in support of the bill.

The TRUST Act has captured national attention. It would rebuild community confidence in law enforcement – and save local resources – by limiting unfair detentions for deportation purposes in local jails often caused by the federal government’s “Secure Communities” deportation program.

Key points made to the Governor in the law professors’ letter include:

  • The primary opposition argument against the TRUST Act - that immigration detainers are mandatory orders - is without merit
  • Immigration detainers raise Due Process and Fourth Amendment concerns
  • The TRUST Act would support Equal Protection guarantees under the Constitution.

While the California State Sheriffs’ Association remains opposed, letters of support from individual law enforcement leaders have poured into the Governor’s office this week, including from Santa Clara County Sherriff Laurie Smith and San Francisco Police Chief Greg Suhr. (They join Oakland Police Chief Jordan and Palo Alto Police Burns.) Other new supporters of the measure include the Asian Pacific Islander Legislative Caucus; the California Legislative Black Caucus; the Califomia Latino Legislative Caucus, and the California Legislative Lesbian Gay Bisexual and Transgender Caucus, who sent a joint letter to the Governor earlier this week.

Under the TRUST Act, local law enforcement would have clear guidelines on when not to submit to immigration hold requests from Immigration and Customs Enforcement (ICE), while allowing holds for those convicted or charged with serious or violent felonies. Cook County and Chicago have far more expansive legislation already in place.

In California alone, nearly 80,000 immigrants have been deported since the program’s inception. As of July 2012, cumulative data shows that 69 percent of deportations were of people not convicted of a crime or convicted of only minor offenses, including traffic violations, selling food without a permit, and others. A recent report showed that California spends $65 million annually to participate in the program.

# # #

Legal Analysis of immigration detainers and the constitutionality of their enforcement:

"Administrative detainers are unsupported by sworn evidence or probable cause, and they are not reviewed by a neutral magistrate. Local detention based solely on a detainer from ICE is no more jusitfied under the law than detention based on a postcard from ICE."
- Michael J. Wishnie, William O. Douglas Clinical Professor of Law at Yale Law School.

"Without the TRUST Act, individual local police will, in practical effect, be entrusted with the discretion to make federal immigration policy on the ground by deciding who is arrested and brought into contact with the federal immigration enforcement system. Federal prosecutorial discretion can only have a limited effect in detecting and eliminating any racial and ethnic profiling that occurs in the initial arrest context."
- Hiroshi Motomura, Susan Westerberg Prager Professor of Law at UCLA Law School.

"DHS has made it mandatory that all counties participate in Secure Communities by sharing fingerprint information, but the requests for ICE holds have never been mandatory and are just that, requests."
- Allison Davenport, Clinical Instructor & Lecturer International Human Rights Law Clinic University of California, Berkeley School of Law

Published in Comunicados de prensa

Vote repudiates Homeland Security’s “Secure Communities” program;

Creates Contrast with Arizona’s harsh approach to immigrant residents

 

 

SACRAMENTO

The California State Senate passed the TRUST Act today aimed at countering the strict deportation policies implemented by the federal government under its “Secure Communities” program. Its sponsors contrast the common-sense tone of the California bill with the harsh law passed in Arizona, much of which was overruled by the U.S. Supreme Court last week.

 

After a forthcoming concurrance vote in the California Assembly, the TRUST Act will be sent to Gov. Jerry Brown to sign. The bill responds to and repudiates the state's forced participation in the program enforced by the U.S. Department of Homeland Securities, which has led to the incarceration and deportation of tens of thousands of undocumented residents in California who have committed no crimes.

Published in Comunicados de prensa

 

 TRUST Act to limit unfair detentions, profiling in California Senate

 

Sacramento. 06.27.2012 – As the US Supreme Court’s June 25, 2012 ruling on Arizona’s anti-immigrant law continues to spur passionate reactions across the nation, California is moving toward a vote on AB 1081, the TRUST Act, to become the “Anti-Arizona.”

 

The TRUST Act passed the state Senate Public Safety committee 5-2 on June 12, 2012. Mayor Villaraigosa of Los Angeles explains the bill would “restore [California’s] ability to focus limited law enforcement resources on protecting public safety.” Specifically, the TRUST Act sets a clear, minimum standard for local governments not to submit to burdensome requests from Immigration and Customs Enforcement (ICE) to detain people for deportation unless the individual has a serious or violent felony conviction and develops protections to monitor and guard against profiling in the state.

 

The TRUST Act, sponsored by Asm. Ammiano, creates a national model to counter the racial profiling inherent in Arizona’s SB1070 and sets an opposite direction from 1070’s section 2b, the section the Court did not strike down that requires police to investigate status based on ‘reasonable suspicion.’ 

 

Asm. Ammiano explains, “California cannot afford to become another Arizona. The TRUST Act will limit the unjust and onerous detentions for deportation in our local jails of community members who pose no threat to public safety.”

 

As a recent New York Times endorsing editorial the bill explains, “When every arrest is a potential immigration arrest, people in immigrant communities are afraid to report crimes or cooperate with investigations… Hence the Trust Act… It deserves to become law.”

 

The TRUST Act was originally drafted as a response to the federal Secure Communities program which was described as a parallel to SB1070 sec2b in the Supreme Court case and has been responsible for deporting over 72,000 Californians. 7 in 10 of those deported under Secure Communities in the state were deported with either no conviction or for minor offenses.  In the worst instances, Secure Communities is responsible for placing victims of domestic violence in deportation proceedings and deterring parents from reporting crimes committed against their children.

 

Supporters of the TRUST Act include the police chiefs of Oakland and Palo Alto, California’s Catholic bishops, and a wide cross-section of government officials, immigrant rights advocates, and legal experts

 

Contact Jon Rodney at 510.207.9520 or B. Loewe at 773.791.4668 for media availability with sponsors, advocates, and directly affected families.

 

Read the actual bill language here: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120AB1081

 

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Published in Comunicados de prensa

TRUST Act would ease burden on local governments of controversial program which has deported 72,694 Californians

Sacramento - Today, by a vote of 5 to 2, the California State Senate's Public Safety Committee approved the new version of the TRUST Act (AB 1081 - Ammiano). The bill would reform California's participation in the discredited "Secure" Communities deportation program - which has faced severe criticism for undermining public safety and burdening local governments - by limiting the unfair, extended detention of immigrants in local jails for deportation. Details are available below. The bill now heads to the Senate Appropriations Committee for consideration.  
Published in Comunicados de prensa

70,000 CA deportations under "Secure" Communities program spark anger;

Bill puts state at forefront of movement to curb burdensome immigration detentions in local jails

Sacramento, CA – As the imposition of the scandal-plagued "Secure" Communities or S-Comm deportation program in Massachusetts and New York today spurs fresh controversy, California Assemblymember Tom Ammiano (D-SF) formally introduced a revamped version of AB 1081, the TRUST Act, to reform California's participation in the program. 

The new incarnation of AB 1081, which captured national attention last year, formally appeared "in print"  late yesterday and will pick up where the previous version left off, in the state Senate. The bill is expected to be heard in the Senate Public Safety committee next month. (Background information below.)

Published in Comunicados de prensa

Ammiano unveils details of “TRUST Act 2.0”

 as hundreds take to streets in LA

 

 First-in-the-nation proposal seeks to rebuild community trust in local police,

Damaged by disgraced "S-Comm" deportation program

 

February 23, 2012 – As hundreds of day laborers and advocates from across the country marched in Los Angeles Wednesday evening to protest the devastating impact of the so-called “Secure” Communities or S-Comm deportation program, Assemblymember Tom Ammiano (D-SF) publicly unveiled the details of a bill to reform California’s participation in the troubled program.

 

The announcement came in the wake of troubling revelations earlier this month that S-Comm made parents of Miramonte students in Los Angeles too fearful of deportation to contact law enforcement authorities to report their own children’s abuse,

 

The new incarnation of the TRUST Act, which captured national attention last year, seeks to restore community trust in law enforcement and ease S-Comm’s unfair burden on local governments, who are pressured to hold for extra time even survivors of domestic violence for deportation.

Published in Comunicados de prensa

Ammiano bill would let localities out of troubled S-Comm immigration program;
Testimony from Sheriff, S-comm victims to show program’s harm to public safety
What: Assembly Public Safety Committee Hearing on AB 1081 (Ammiano), the TRUST Act, which would honor the right of local governments to opt out of ICE’s controversial “Secure” Communities or S-Comm Program and set basic standards for jurisdictions that choose to participate.
When: Tuesday, April 26, 2011
* Interview availability at 10:30 AM
* Hearing begins at 9:30; TRUST Act may be heard any time during the hearing.
Where: Room 126, California State Capitol, Sacramento; Interview availability in hallway outside room.
Who: (Available at 10:30 AM)
· San Francisco Sheriff Michael Hennessey
· Retired Sacramento Police Chief Arturo Venegas
· Norma – domestic violence victim facing deportation due to S-Comm

· Another person directly impacted by S-Comm (details to be released Tuesday.)
Note that Asm. Ammiano will be available for comment after the conclusion of the hearing.
Media visuals: Dozens of supporters packing the halls, wearing “Stop S-Comm” t-shirts and stickers, dramatic testimony from immigrants who have experienced hardship and fear due to S-Comm
Background: As Immigration and Customs Enforcement (ICE) faces a growing storm of criticism from public officials over its troubled S-Comm program, the Assembly Public Safety Committee will hear a bill that would grant decision-making power to local governments on whether, and how, to relate to the controversial initiative.
The hearing takes place days after Rep. Zoe Lofgren (D- San Jose) called for an investigation into ICE officials’ “dissembling and deceiving” conduct on the question of whether local governments were required to participate in the burdensome program. According to Rep. Lofgren, ICE was “not honest with the local governments or with me."
Lofgren’s forceful criticism followed the disclosure of hundreds of...

Published in Comunicados de prensa
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