BILL NUMBER: AJR 57     AMENDED
[Note: Passed 8/21/02]
        BILL TEXT
        AMENDED IN ASSEMBLY  AUGUST 12, 2002
INTRODUCED BY   Assembly Members Diaz and Firebaugh
   (Coauthors: Assembly Members Cedillo, Chan, Chavez,  Chu,
Frommer,  Goldberg, Horton, Keeley, Negrete McLeod, Oropeza,
Reyes, Salinas, and Steinberg)
   (Coauthors: Senators Polanco and Romero)
                        JUNE 28, 2002
   Assembly Joint Resolution No. 57--Relative to immigration
enforcement.


        LEGISLATIVE COUNSEL'S DIGEST

   AJR 57, as amended, Diaz.  Immigration enforcement.
   This measure would state concerns of the Legislature about the use
of state and local law enforcement agents to enforce immigration
law.  It would state legislative findings that, state and local law
enforcement agencies lack authority to stop, arrest, or detain
persons based upon suspected or alleged violations of the civil
provisions of the federal immigration laws, as specified.  It would
provide for transmittal to the United States Attorney General.
   Fiscal committee:  no.



   WHEREAS, The United States Department of Justice is considering
the use of deputized state and local law enforcement officers to
enforce United States immigration laws, including those relating
solely to civil deportability; and
   WHEREAS, The United States Department of Justice officials have
recently asserted their belief that states have inherent authority to
enforce civil immigration laws, thereby retreating from longstanding
precedent indicating that civil immigration laws are the purview of
federal immigration officers; and
   WHEREAS, Local law enforcement authorities already provide
appropriate cooperation and assistance to federal authorities on
immigration matters in the context of persons in custody for
violations of state and local laws; and
   WHEREAS, The plan under federal consideration would go further,
authorizing local and state agents to arrest and detain persons
without any cause to believe those persons have committed any crime
other than violating immigration status requirements; and
   WHEREAS, Local and state law enforcement agencies in California
already respond to a great many calls for service unrelated to
immigration, and the additional obligations of enforcing immigration
law would strain law enforcement resources; and
   WHEREAS, Local law enforcement officers, while talented and
committed to proper enforcement of the laws, are not trained in
immigration matters; and
   WHEREAS, Immigration enforcement has traditionally been a federal
responsibility  , and prior efforts by local authorities to
assist have resulted in significant civil rights abuses against
American citizens and law-abiding people  ; and
   WHEREAS, Immigrant communities in the United States fear that the
provision of immigration authority to state and local law enforcement
agents could lead to broader racial profiling; and
   WHEREAS, Law enforcement agencies in California have worked hard
to gain the trust of immigrant communities, with improved public
safety as a consequence; and
   WHEREAS, Local law enforcement agencies throughout California have
opposed the Justice Department's proposed plan to have them enforce
immigration laws because it will adversely affect their ability to
properly enforce state and local laws in the diverse communities they
serve; and 
   WHEREAS, The California Police Chiefs Association in an April 10,
2002, letter to the United States Department of Justice stated, "It
is the strong opinion of the California Police Chiefs Association
leadership that in order for local and state law enforcement
organizations to continue to be effective partners with their
communities, it is imperative that they not be placed in the role of
detaining and arresting individuals based solely on a change in their
immigration status"; and 
   WHEREAS, Hard working but improperly documented immigrants, who
are already criminally victimized at greater rates due to their fear
of reporting their concerns to law enforcement, would be further
discouraged from providing important information to authorities; and
   WHEREAS, In the wake of September 11, discouraging members of
immigrant communities from reporting crimes and assisting in the
investigation of crimes, which would adversely impact efforts to
protect our communities from the dangers of terrorism and violent
crime, would be an especially costly error; now, therefore, be it
   Resolved by the Assembly of the State of California, the Senate
thereof concurring, That under existing California law, state and
local law enforcement agencies lack the legal authority to stop,
arrest, or detain persons based upon suspected or alleged violations
of the civil provisions of the federal immigration laws, except when
detention is mandated pursuant to a detainer issued by the
Immigration and Naturalization Service and only for the period of
time authorized by the detainer; and be it further
   Resolved, That the Chief Clerk of the Assembly transmit a copy of
this resolution to United States Attorney General, John Ashcroft, at
the United States Department of Justice.
                                      

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