Between October 2008 and July 2011 aliens released because of the Obama administration’s prioritization scheme went on to commit 58,000 new crimes. California’s Trust Act would likely have the same consequences.
The California legislature has passed a bill designed to shield illegal aliens from law enforcement and it currently sits on Gov. Jerry Brown’s desk. The “Trust Act” (AB 1081) would prohibit local law enforcement from complying with federal detention requests except when an illegal alien has been convicted of, or charged with, a “serious” or “violent” felony. The crimes that would be a prerequisite for sending aliens to ICE custody include murder, rape, assault with intent to commit a rape or robbery, kidnapping, carjacking, and a number of other crimes. Many crimes like ID theft or ID fraud get a pass. Consequently, a number of sheriffs are worried that the plan would harm public safety; one sheriff has called on the governor to veto the bill, while another is contemplating defying the act if it becomes law.
Specifically, the Trust Act reads:
a) A law enforcement official has the discretion to detain an individual on the basis of an immigration hold after that individual becomes eligible for release from criminal custody, if both of the following conditions are satisfied:
(1) The individual has been convicted of a serious or violent felony according to a criminal background check or documentation provided to the law enforcement official by United States Immigration and Customs Enforcement or is currently in custody for a charge of a serious or violent felony by a district attorney.
(2) The continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or any local policy.
(b) If either of the conditions set forth in subdivision (a) is not satisfied, an individual shall not be detained on the basis of an immigration hold after that individual becomes eligible for release from criminal custody.
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