REPORT TO COUNCIL
SUBJECT
Title
Action on Adoption of a Resolution in Support of the State of California in United States of America v. State of California
Report
BACKGROUND
On March 6, 2018, the U.S. Department of Justice sued the State of California in the United States District Court for the Eastern District of California over three state laws: Assembly Bill 450 (Immigrant Worker Protection Act), Assembly Bill 103 (Amendment to the Budget Act of 2017), and Senate Bill 54 (California Values Act). AB 103 mandates that all county, local, and private facilities holding noncitizens for civil immigration proceedings provide access to the California Attorney General (AG) such that the AG could review the conditions of confinement, the standard of care and due process provided, and the circumstances around the detainees' apprehension and transfer to the facility. AB 450 prohibits private employers from consenting to warrantless searches by ICE agents, from providing ICE with access to employees' personnel records without a subpoena or warrant, and requires employers to give employees 72 hours advanced notice of such an inspection. SB 54 prohibits local law enforcement from inquiring into a person's immigration status, holding an individual on the basis of an ICE detainer, providing to immigration authorities non-public information regarding an inmate's or detainee's release date, providing immigration authorities any personal information about an individual, and transferring an individual to immigration authorities unless authorized by a judicial warrant or judicial probable cause determination. All three laws have been in effect since January 2018, and the federal lawsuit seeks an injunction to block their application.
The federal government filed a motion for preliminary injunction, which was decided in early July. The District Court enjoined enforcement of AB 450, preliminarily determining that the restriction on employer consent to warrantless searches w...
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