The California Values Act sets parameters under which law enforcement agencies may engage in immigration enforcement. A law enforcement agency has discretion, but is not required,to perform the following immigration enforcement activities:
- Investigate, detain or arrest non-citizens upon reasonable suspicion of federal criminal violation for re-entry after removal due to aggravated felony conviction.
- Provide a criminal history of a specific person in response to a request from immigration authorities (as long allowed by state law).
- Participate in joint law enforcement task force if the following conditions are met:
- The primary purpose of the task force is not immigration enforcement
- The enforcement or investigative duties are primarily related to violations of state or federal law unrelated to immigration
- The local law or policy permits the agency’s participation
- Ask for information necessary to certify potential victims of crime or human trafficking with respect to T-visas and U-visas
- Provide ICE with access to interview an individual in custody, if the agency gives the notices required by the TRUTH Act
Furthermore, the California Values Act does not prohibit a law enforcement agency from sharing a person’s immigration status with ICE or other governmental entities.
