New bill seeks to stop state prisons from transferring criminal Immigrants to ICE custody

Written by Justin Culetu 

Democrat Assemblywoman Wendy Carillo of Los Angeles has authored a bill that would bar state and local law enforcement agencies from apprehending and/or transferring undocumented prison inmates to the custody of Immigration and Customs Enforcement. 

Despite not being related to COVID-19, which should be the top priority for the state government, Assembly Bill 937 has garnered a lot of support from other officials; moving it up for committee introduction just one week since it was introduced.

Although federal law currently allows it, AB 937 would stop the California Department of Corrections and Rehabilitation from identifying undocumented felons and transferring them to ICE. It will also end the requirement for reporting those statistics to the state Legislature. In addition, immigration status will no longer be a factor in denying certain probation or credit-earning programs during an individual’s prison time. 

Overall, state and local immigration and law enforcement will see major changes if this bill passes, and California will be less safe as a result. Criminal offender information systems will no longer require the place of birth to be listed under an individual, as it would be too easy to identify immigrants. Furthermore, state prison officials will be prohibited from working with ICE on certain crimes. 

“It is time to end the double punishment of immigrant Californians,” noted Assemblywoman Carrillo last week. “We do not need to devote valuable time and resources on unnecessary ICE transfers.” 

Many experts have noted, however, that AB 937 will not even be effective in stopping ICE transfers against undocumented criminals. Since it is a federal law, the U.S  government has other methods to legally deport immigrants with criminal records. “This is one loophole on a string filled with loopholes,” former immigration lawyer James Van Horn said. “So state prisons can’t get them directly. It’s still federal law though. So once they are out they can be nabbed. Or if they’re out on bail.”

Mr. Horn also added that this bill would only make matters worse for immigrants, “All the state is doing with this bill is saying that the immigrants who committed crimes need to serve time in jail first before being deported. It’s just another step. So when they are deported, they go into that country not only with a criminal record, but also several years of down time from whatever they had done for work.”

Instead of focusing on the millions of struggling Californians during pandemic lockdowns, many democrats like Assemblywoman Carillo have asserted their priorities to focus on non-citizens over their own constituents. Rather than figuring out a way to get people back to work and reopening the state economy, like Texas, Florida, Mississippi, and states have already done, California Democrats seek to protect undocumented convicted felons as a virtue-signaling tactic.