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California Legislature Protects Undocumented Immigrants from Federal Immigration Enforcement   

Posted by Neil Shouse | Jan 18, 2018 | 0 Comments

California is now a “sanctuary state.”  On January 1, 2018, Government Code 7282.5 took effect. Dubbed the "California Values Act," this new law places limits on when local police can cooperate with federal immigration authorities. 

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The new law prevents California law enforcement agencies from investigating, interrogating, or arresting undocumented persons for immigration violations. The provision prevents police from:

  1. inquiring into an individual's immigration status;
  2. detaining an individual based on a hold request;
  3. providing information regarding a person's release date;
  4. making or intentionally participating in arrests based on civil immigration warrants;
  5. assisting immigration authorities; or,
  6. performing the functions of an immigration officer.

However, undocumented persons are not fully protected from federal immigration officials. The act allows law enforcement officials to cooperate with immigration authorities if the defendant was convicted of the following crimes:

  1. a state felony
  2. child abuse
  3. burglary
  4. hate crime
  5. torture
  6. possession of a deadly weapon
  7. felony DUII
  8. sexual abuse of a child*

For a full list of crimes, please see Section 7282.5 of the Government Code.

 

 

 

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).

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