Get detail about California Securities Law

The California "Securities Act" bill (SB 54), which was passed in the public safety committee of the state assembly, would literally remove ICE agents from state prisons, and would be the most advanced "Sanctuary law" of the country. Pro-immigrant activists anticipate that the measure will significantly reduce deportations in California, preventing local police from collaborating with ICE beyond what is closely required by federal law.

This law will greatly reduce ICE's ability to "undermine" the criminal and police justice system to deport immigrants," The project sponsor, Senate leader Kevin De Leon, said it is about " freeing law enforcement agencies to do their job and allow ICE to do their job, which is to apply immigration laws."

What will "the Securities Act?"

For more than a decade, collaboration between police and immigration authorities has been the most effective "multiplier" used by the federal government to deport as many immigrants as possible.

But bill SB 54 (also known as the Sanctuary Law) is passed, California will put an end to that collaboration, with few well-defined exceptions, for convicts of violent or serious crimes.

If approved as written, the new law goes far beyond the so-called "Trust Act" or Trust Act, in effect since California since 2014 and that limits the collaboration of the local police with ICE to people convicted of serious or violent crimes.

For example, it will be prohibited for ICE agents to be physically in prisons doing interviews with detainees who are about to release, to determine if they should be taken into custody of immigration authorities.

Fresno County, for example, is one of the few that still has that practice of maintaining an ICE office inside the jail. Other counties, such as Los Angeles, give ICE access to their databases and allow them to interview detainees about their immigration status.

Additionally, local police resources may not be used to share information with ICE about an immigrant's release date, or his home or work address.If ICE obtains an order of judicial detention to take an immigrant, local authorities will collaborate with the transfer between agencies, but not if it is only an "order or detainer " of the ICE agency.

The "detainers" or arrest warrants of ICE, were very controversial for years among pro-immigrant groups and that several courts have described as "unconstitutional" because they were detaining people who had already served their time in jail or who did not have what to be there from the criminal point of view.SB 54 will also openly challenge President Donald Trump, who in his January executive order ordered restoring contracts between ICE and local law enforcement agencies to enforce immigration laws, the so-called "287g contracts."

In California only one contract remains, the one that Orange County has in its local jail. If the law is passed, that contract would be invalidated and future contracts would be banned, according to state legislature sources. In addition, the project orders the state attorney to write policies to restrict, as far as possible, the presence of migrant agents in the vicinity of "sensitive places" such as schools, hospitals, churches and courts.

Wilson Bradshaw & Cao, Llp is a securities legal law firm. They work with many clients who are willing to start a business as an entrepreneur. A boutique law firm concentrated on Securities law and other business transactions with offices in Irvine.