Immigration Law Associates, PC

ICE Objects to New California Law Allowing Law Enforcement to Inform Jailed Immigrants of Their Right to Refuse Interviews

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Last week, Immigration Customs Enforcement (ICE) issued out a statement about the recently approved California law, Assembly Bill 2792 (AB 2792), that allows law enforcement officials to inform immigrants of their right to refuse interviews with ICE officers while incarcerated. ICE complained that the new law conflicts with federal regulations.

AB 2792 requires law enforcement officials to have inmates sign a written consent form before they are interviewed by ICE. Additionally, the new law makes communication between ICE and local law enforcement agencies subject to public records laws. It also calls for public forums if and when law enforcement agencies transfer inmates to U.S. Immigration and Customs Enforcement.

AB 2792 originally called for public approval before any police department in California agreed to hand over inmates to federal immigration officials. But the version signed into law removes public approval because of questions regarding separation of powers.

Although the bill now reflects a measured approach to due process and transparency principles, ICE insists that the law conflicts with federal regulations. The debate is therefore far from over.

For a link to AB 2792, please click here: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2792

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