This week, the California State Legislature is considering a measure to allow criminal aliens in law enforcement custody to refuse any interview with federal immigration. By giving criminal aliens the ability to opt out of a meeting with ICE, Assembly Bill 2792 (AB 2792) essentially allows even the most dangerous criminal aliens to be released back into California communities after their sentences are served.
California law already requires state and local law enforcement officials to refuse cooperation with ICE in almost all cases, unless the criminal alien has been convicted of a serious or violent crime. AB 2792, however, goes farther and requires state and local law enforcement officers to provide any criminal alien in custody notice that an interview with ICE is optional and gives them the ability to refuse any interaction with ICE while in law enforcement custody. By doing so, AB 2792 essentially allows deportable aliens to choose whether ICE has access to law enforcement facilities and allows criminal aliens the ability avoid the enforcement of immigration law.
AB 2792 is currently awaiting a floor vote in the Senate. If passed by the Senate, the Assembly must concur on the bill’s amendments. Governor Jerry Brown (D) has not yet indicated whether he supports the bill.