# Why California is Called Immigrant-friendly

- Link: https://www.lumlawgroup.com/why-california-is-called-immigrant-friendly/
- Published: 2018-07-13T09:30:15-07:00
- Author: Albert J Lum

While the passing of new year’s reminds us of resolutions and letting go of the 
past, for Californian immigrants, 2018 marked a new era.  The Sanctuary State bill
passed in October of 2017 came into effect January 1, 2018, making California the
first sanctuary state ever.

But hold on, what does it mean for California to be a “sanctuary state”?

 

### California Values Act SB54

The senate bill limits local and state law enforcement agencies from sharing information
with federal agencies, such as ICE.

Whereas in a non-sanctuary state, law enforcement officers can hold a detainee until
ICE picks them up, even if they have not been charged.  In California, law enforcement
cannot hold a detainee, but they can transfer the detainee to a detention center
if the detainee is convicted of [one or more of about 800 crimes ](http://www.latimes.com/politics/essential/la-pol-ca-essential-politics-updates-california-lawmakers-take-final-action-1505534909-htmlstory.html)
or is a registered sex offender.

The list of 800 or so crimes include assault, battery, sexual abuse and exploitation,
rape, crimes endangering children, burglary, robbery, theft, fraud, forgery, a crime
resulting in death, gang/drug/weapon-related offenses, and even some domestic violence
offenses and driving under the influence (DUI) felony convictions.  These provisions
are from the [TRUST Act](http://www.catrustact.org/)), where the conviction requirement
only stands if the crime was committed (or charged) within 15 years.

In California, law enforcement (e.g., the police) cannot ask someone about their
immigration status.  Immigrants who admit to being illegal can also not be arrested
just for their immigration status. It’s important to note that while the police 
cannot arrest someone for their immigration status, ICE officers can.

However, law enforcement can still respond to ICE requests if the detainee has been
convicted or charged with a crime in the list.

[In some cases, ICE has access to local prisons and is allowed to interview an inmate already in custody.](https://www.ocregister.com/2018/05/04/californias-sanctuary-law-sb-54-heres-what-it-is-and-isnt/)

ICE can also assist local law enforcement in cases where the primary goal is not
immigration enforcement.

[Hospitals, schools, and courthouses](http://www.latimes.com/politics/la-pol-ca-california-sanctuary-state-bill-20170916-story.html#)
in California are not required to share information with ICE.

### Why does bill SB54 matter?

California has about [2.3 million illegal immigrants](http://www.foxnews.com/politics/2018/01/02/with-new-year-california-becomes-sanctuary-state.html).
27% of Californians are foreign-born, and roughly [every 5th green card is issued to a California resident.](https://247wallst.com/special-report/2017/05/02/10-best-states-for-immigrants/4/)
[SB-54 bill](http://www.iceoutofca.org/uploads/2/5/4/6/25464410/factsheet_california_values_act_sb_54-4.13.17.pdf)
states three primary reasons why the bill is important for California:

 1. “**Immigrants are an Essential Part of California**”
 2.  * One in four Californians are immigrants
     * 50% of Californian children have at least one immigrant parent
     * The cost of mass deportations would be too high for our families and communities.
 3. “**Entangling Local Law Enforcement Agencies with Immigration Enforcement is Harmful**”
 4.  * Prior to TRUST Act (2013), California spent a lot of local resources assisting
       ICE in detaining illegals e.g., in 2012 California spent $65 million tax payer
       money to help ICE detail people.
     * Studies show that when illegals are afraid of local law enforcement, they do
       not report crimes or assist in providing information or acting as witnesses.
 5. “**California’s Resources Cannot be Commandeered to Carry Out Deportations**”
 6.  * Federal law states that California cannot be required to use local resources
       to detain and deport illegal residents.

### How does California compare to other states?

The [Immigrant Legal Resource Center](https://www.ilrc.org/local-enforcement-map)(
ILRC) published a [report](https://www.ilrc.org/sites/default/files/resources/rise_of_sanctuary-lg-20180201.pdf)
stating facts on today’s state of immigration policies:

 * Department of Homeland Security (DHS) has a budget of over $18 billion.
 * DHS relies on voluntary help from local governments, especially local law enforcement
   agencies.
 * Local law enforcement agencies have no legal authority to enforce immigration
   laws.
 * Local law enforcement agencies do not have to assist DHS with immigration enforcement.
 * However, one in four counties will voluntary detain immigrants at ICE’s request.
 * Compared to one year ago, over 400 counties have stronger limitations on immigration
   enforcement.
 * Some counties have a signed agreement of cooperation with ICE (287(g)).

ILRC has created a color-coded map of the U.S. showing counties by the level of 
ICE-cooperation.

[⌊Map on how ICE-friendly counties are⌉⌊Map on how ICE-friendly counties are⌉[

The greener the county, the more policies it has in place against helping ICE detain
and deport illegal immigrants.  From this map, we can see that California is by 
far the greenest state, making it th

[⌊California and Nevada ICE influence⌉⌊California and Nevada ICE influence⌉[

ILRC reminds readers that just because policies are in place, doesn’t mean cities
and local authorities agree on the policies. In Orange County, the city of [Los Alamitos approves its precedent-setting anti-sanctuary ordinance, ](https://www.ocregister.com/2018/04/16/sanctuary-rally-expected-in-advance-of-tonights-los-alamitos-vote/)
whereby the city voted not to follow California’s sanctuary policies. Another example
is how the city of Los Angeles may adhere to sanctuary policies, but the smaller
cities in Los Angeles county or other counties may not.

To view the interactive map and find your county, visit the [Immigrant Legal Resource Center ](https://www.ilrc.org/local-enforcement-map)
website.

 

Why do you think California is immigrant friendly? Share your reasons below!
