Under the Trust Act, immigrants in this country illegally would have to be charged with or convicted of a serious offense to be eligible for a 48-hour hold and transfer to U.S. immigration authorities for possible deportation.
The measure is the second milestone immigration bill signed by the governor in three days. On Thursday, he approved a measure allowing immigrants in the country illegally to receive California driver’s licenses.
“While Washington waffles on immigration, California’s forging ahead,” Brown said. “I’m not waiting.”
Other bills signed Saturday will allow people in the country illegally to be licensed as lawyers, impose restrictions on those who charge a fee to help immigrants gain legal status, and make it a crime for employers to “induce fear” by threatening to report someone’s immigration status.
Immigrant-rights activists who rallied for an end to gridlock in Washington hailed Brown’s actions. The California Immigrant Policy Center on Saturday declared 2013 the “year of the immigrant” in California.
“Today marks the dawn of a new era in California’s immigrant communities,” said Reshma Shamasunder, the center’s executive director.
Brown’s actions will probably affect discussions on immigration throughout the country, said John J. Pitney Jr., a professor of politics at Claremont McKenna College.
“Advocates of more immigration laws are going to be watching California very closely, and if these laws work out well they will be able to use the state as Exhibit A in their case for national legislation,” Pitney said.
Some supporters of strict enforcement of immigration laws said Brown’s bill signings will be devastating for California.
“It’s sending the wrong message to the world,” said Robin Hvidston of Claremont, executive director of We the People Rising. “This is a message to the global community to come to the state of California illegally and you will get documentation and protection.”
Many law-enforcement agencies, including those in Los Angeles, Santa Clara and San Francisco counties, have adopted policies similar to those in the Trust Act. And immigration officials, who are not subject to the state law, can still detain and deport people following federal guidelines.
But Angela Chan of the Asian Americans Advancing Justice - Asian Law Caucus in San Francisco said the signing of the statewide law is “more than symbolic.”
She predicted it would prevent the detention of up to 20,000 immigrants a year by federal authorities, mostly in rural parts of the state.
After Brown vetoed a bill similar to the Trust Act last year, Democratic Assemblyman Tom Ammiano changed his proposal to address the concerns of some law enforcement officials.
Los Angeles County Sheriff Lee Baca opposed last year’s bill, but last December he announced he would no longer comply with federal requests to detain suspected illegal immigrants arrested for low-level crimes.
Later that month, the Obama administration announced it would no longer target those arrested for minor crimes for deportation.
Baca supports the bill signed Saturday as a “practical, reasonable approach” to the issue, said spokesman Steve Whitmore.
Ammiano’s AB 4 prohibits a law-enforcement official from detaining an individual on the basis of a U.S. Immigration and Customs Enforcement hold after that person becomes eligible for release, unless he or she has been charged with or convicted of certain crimes, including violent felonies.
Previous convictions for certain felonies, including placement on the state’s sex-offender or arson registries, would also allow the suspect to be held. Crimes that would not be considered serious enough to trigger the hold include such things as simple possession of marijuana and selling food on the street without a permit.
Ammiano introduced the bill to counter the federal Secure Communities program, which was created to deport dangerous criminals. But the assemblyman said the program was used to deport nearly 100,000 Californians, the vast majority of whom, he said, were not serious offenders.
“With the Trust Act, Governor Brown is recognizing the importance of immigrants to the economy, culture and vitality of the entire state,” Ammiano said.
The bill is opposed by the California State Sheriffs Association and the California District Attorneys Association.
— Los Angeles Times