Governor Newsom Says He Will Veto Bill to Stop Prisons From Working With ICE

Governor Gavin Newsom confirmed on Friday that he will veto a bill that severely limits how the California Department of Corrections and Rehabilitation (CDCR) and U.S. Immigration and Customs Enforcement (ICE) work with each other, should the bill reach his desk later this year.

Assembly Bill 15, authored by Assemblyman Mike Gipson (D-Carson), specifically states that it would prohibit the CDCR from detaining on the basis of a hold request, providing an immigration authority with release date information, or responding to a notification request, transferring to an immigration authority, or facilitating or assisting with a transfer request any individual who is eligible for release pursuant to specified provisions, including, among others, youth offender, elderly, and medical parole releases.

In addition, the bill would erase a provision requiring the CDCR from cooperating with the United States Department of Homeland Security by providing the use of prison facilities, transportation, and general support for the purposes of conducting and expediting deportation hearings and subsequent placement of deportation holds on undocumented immigrants who are incarcerated in state prison. In addition, a provision that requires the department to identify inmates serving terms in state prison who are undocumented aliens subject to deportation would be erased as well.

Currently, state lawmakers are at odds with the Trump Administration over sanctuary laws, protecting illegal immigrants. While these include local city laws, it likewise includes the SB 54 state sanctuary law that prohibits state and local law enforcement agencies in California from assisting federal immigration authorities. However, there are a few exceptions. One major exception has been when a wanted criminal is also an illegal immigrant. As it is a criminal investigation, it cannot be hindered. Another has been through prisons where the CDCR and immigration officials working together to handle criminals for deportation has been deemed as outside sanctuary laws since it has to do with criminals regardless of legal status and because they have already been convicted

In 2023, a similar bill, AB 1306, was passed by both the Assembly and Senate, but vetoed by Newsom. In his veto statement, Newsom noted the public safety risks around such a bill being passed and the issues with community trust and law enforcement cooperation

“This bill prohibits the California Department of Corrections and Rehabilitation from providing any information or responding to a request for coordination from the U.S. Immigration and Customs Enforcement, a federal law enforcement agency, regarding the imminent release of an incarcerated non-citizen, if the person is being released under specific circumstances,” Newsom said in his AB 1306 veto message. “The bill would prevent information sharing and coordination upon a person’s release from CDCR custody for a significant number of people and, as a result, would impede CDCR’s interaction with a federal law enforcement agency charged with assessing public safety risks.

“I believe current law strikes the right balance on limiting interaction to support community trust and cooperation between law enforcement and local communities. For this reason, I cannot sign this bill.”

Newsom’s Pre-Veto

With AB 15 quite similar, Newsom confirmed on Friday that he would once again veto a bill similar to AB 1306 or another similar bill attempted in 2019, AB 1282.

“The Governor will veto AB 15 if it reaches his desk,” Newsom’s office said Friday. “For immigrants that do commit crimes, California law has important exceptions that allow law enforcement agencies to communicate and coordinate with ICE about release dates so ICE can take custody of individuals with serious prior criminal convictions; who have been arrested and a judge determines enough evidence exists to charge them for a serious or violent felony or any felony that carries a possible prison sentence under state law; or who have an outstanding serious federal arrest warrant.”

While several Democratic lawmakers have spoken out against Newsom for the preemptive veto, others have praised Newsom’s decision.

“It may be that Newsom is only saying this because of a Presidential run or he doesn’t want to risk losing federal funding or something, but his past vetoes have at least shown him not flip-flopping on this,” law enforcement legal advisor Lana Simpson told the Globe Friday. “This is not targeting those who are only illegal in this country. Essentially, current language says that prison officials and ICE can continue working together to get criminals who are also illegal immigrants out and to easily transfer custody between the two.

“This isn’t going after families or anything like that that has been all over the news for the past several weeks. The current law just has to do with state prison officials and ICE cooperating in moving convicted criminals over so that they can be sent to their home country as soon as they are released from prison. The CDCR can tell them whoever is coming out soon and who is in there who is also illegal. Again, we’re talking about criminals.

“There’s little wonder why Newsom keeps vetoing these.”