Trust Act Prohibits Police Holds on Illegal Immigrants – Assembly Bill 4
After signing a bill allowing undocumented immigrants to apply for special driver’s licenses, California Governor Jerry Brown subsequently signed a multi-bill package on Oct. 5 providing further immigration reform. Assembly Bill 4, also known as the Trust Act, is the most notable and important component from that legislative package.
The Trust Act prohibits local law enforcement officials in California from detaining immigrants in the United States illegally for transfer to federal immigration authorities if they were arrested for minor offenses. In other words, if you are an undocumented immigrant, the local police can only detain you if you were charged or convicted of a serious offense. These offenses typically include violent crimes. In support of this immigration reform, Gov. Brown stated that “while Washington waffles on immigration, California is forging ahead.”
The Trust Act Counteracts Federal Secure Communities Program
The Trust Act was designed to counteract the federal government’s Secure Communities immigration program, which started under the Obama Administration. The Secure Communities program requires immigration status checks on people held in local jails. The federal program led to lengthy detentions of undocumented immigrants in state criminal detention facilities.
Many California law enforcement agencies see the Trust Act as a “practical and reasonable” solution to an ongoing resource problem. Since the inception of the Secure Communities program, local law enforcement has been burdened by the additional detainees. In fact, many police departments, including Los Angeles and San Francisco, have already instituted department policies similar to the Trust Act. This new bill removes a heavy burden being placed on local law enforcement.
The New Law Prevents Wrong Deportation
The Trust Act is more than just a symbolic gesture. The law will prevent deportation for minor offenses, such as loitering. Due to governmental mistakes, hundreds of people were wrongfully deported during the execution of the Secure Communities program. The Trust Act will help prevent detention in many of the rural areas of California.
The Trust Act Serves to Remove the “Shadow Status” for Undocumented Immigrants
With the signing of this law, more than 11 million undocumented immigrants living in California will now be able to take part in a more traditional American life without fear of deportation. This bill recognizes that immigrants are important to the economy and culture of the state. Many advocates are hailing the passage of this law as a great day for immigration reform.
How the California Criminal Defense Attorneys at Wallin & Klarich Can Help
If you have a question about this change in the law, or any of the other recent changes for that matter, call Wallin & Klarich today. Wallin & Klarich has been in the business of vigorously representing clients with their criminal matters in their time of need for over 40 years and we would like to help you with yours. We have experienced and knowledgeable defense attorneys available to answer your calls 7 days a week, 24 hours a day. If you or a loved one is being detained by the local police department, it is important that you call our experienced attorneys immediately. We will provide you with an aggressive defense.
Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance and Sherman Oaks. Give us a call today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.
