Golden State Today

California Attorney General Rob Bonta has issued updated bulletins and guidance to aid law enforcement, prosecutors, and defense counsel in complying with state laws as new threats to immigrant communities emerge. The guidance focuses on Senate Bill (SB) 54, also known as the California Values Act, which restricts the use of state and local resources in federal immigration enforcement. This action anticipates increased federal immigration activities under the upcoming administration.

The updates include resources on hate crimes for law enforcement, prosecutors, and victims in anticipation of potential violence against immigrants due to xenophobic rhetoric from the President-elect. Additionally, new guidance was released for prosecutors and defense counsel regarding their duty to inform defendants about potential immigration consequences when considering plea deals.

"While the President-elect spouts xenophobic rhetoric and makes plans to implement his inhumane mass deportation agenda, California is focused on protecting our communities," stated Attorney General Bonta. "No matter who is in the White House, California will continue to lead with California values – and we will not divert vital public safety resources for federal immigration enforcement."

Attorney General Bonta emphasized that it is important for witnesses or victims of crimes to feel comfortable seeking help from law enforcement. He said, "Through these new and updated guidances, we are ensuring that law enforcement remains a partner and a resource for the California communities they serve."

Under SB 54:

- Law enforcement agencies in California are restricted from using state resources for immigration enforcement.

- They cannot honor transfer requests or provide information about release dates except under specific circumstances.

- Officers cannot be supervised by federal agencies or deputized for immigration purposes.

- New contracts with the federal government to house noncitizens are prohibited.

- Participation in joint task forces primarily focused on immigration is banned.

The bulletin clarifies that nothing prevents investigation or arrest for criminal activities under state or federal law.

For Section 1016.3 compliance:

- Defense counsel must inform clients about immigration consequences of plea deals.

- Prosecutors should consider avoiding adverse immigration outcomes during negotiations.

Section 1016.3 does not stop prosecution of criminal activities under existing laws.

Resources were also provided concerning hate crimes:

- A bulletin on laws against hate crimes.

- A rapid response protocol by CADOJ.

- Guidance for prosecutors.

Attorney General Bonta reiterated support for immigrant rights amidst concerns over potential hostile policies from the incoming administration. Convenings have been held across major cities like Los Angeles and San Francisco to discuss these issues further. More information can be accessed at oag.ca.gov/immigrant/resources.