Challenging the Trump administration’s steps to boost immigration enforcement, California Democrats made clear Tuesday they aren’t ready to hand over information about the state’s undocumented residents.
The Senate Public Safety Committee approved legislation that would prohibit state and local law enforcement from sharing agency or department databases with any entity pursuing immigration enforcement. The party-line vote came after critics complained that the measure could hinder communications among law enforcement agencies and transform California into a “de facto sanctuary” state.
The measure, SB 54 by Senate President Pro Tem Kevin de Leon, would prevent law enforcement in California from inquiring or collecting information about an individual’s immigration status, and it would prohibit them from using their resources to investigate, interrogate, detain, detect or arrest anybody for immigration reasons.
“We are making it clear that the state of California will not be complicit with authoritarian policies that do not increase or improve the safety or welfare of Californians or our communities,” committee chair Nancy Skinner, D-Berkeley, said at the close of the debate.
California is home to an estimated 2.3 million undocumented immigrants, and Democrats have pledged to fight federal efforts to deport individuals they describe as law-abiding residents who work hard, pay taxes and are seeking a better life.
Local law enforcement has shown little appetite for actively tracking down undocumented immigrants; however, they expressed reservations that de Leon’s bill could limit communication and cooperation with federal authorities beyond immigration cases.
“We have a need and a desire to work with law enforcement at all levels of government to keep our communities safe,” said Cory Salzillo, legislative director with the California State Sheriffs' Association.
Meanwhile, Republicans warned California could lose a significant amount of federal funds should the Legislature provide a haven for undocumented residents. President Trump last week issued an executive order that directs the federal government to withhold money from so-called sanctuary cities that limit cooperation with federal immigration enforcement agents. The city of San Francisco filed a lawsuit Tuesday challenging that order.
“I’m concerned that you’re basically making the state of California a de facto sanctuary state,” said Sen. Jeff Stone, R-Temecula. “That’s basically what this bill does.”
The measure also requires state agencies to update their confidentiality policies within six months to ensure only necessary information is collected from individuals in a bid to encourage illegal immigrants to continue to seek critical state services.
“People in California are currently scared that the databases gathered by California government to help Californians are going to be seized by the Trump administration,” said Adam Schwartz, a senior staff attorney at the nonprofit Electronic Frontier Foundation.
SB 54, Schwartz added, would build a firewall around databases to ensure Californians’ personal information is protected. Similar protections regarding the disclosure of religious affiliation also won approval Tuesday in the Senate.
The Senate Judiciary Committee unanimously approved legislation that would ban state and local agencies from providing or disclosing religious affiliation information to the federal government. The bill, SB 31, comes in response to Trump’s campaign promise to create a Muslim registry.
“This is an important fight against injustice at every level,” said bill author Sen. Ricardo Lara, D-Bell Gardens.
