An Inland Empire state senator’s bill aimed at limiting immigration arrests outside California courthouses, became law Tuesday, Sept. 29.
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Gov. Gavin Newsom signed SB 873 as part of a package of bills intended to protect immigrants’ rights amid the Trump administration’s ongoing illegal immigration crackdown that’s deported hundreds of thousands, rattled communities and spurred protests as well as allegations of abuse at detention facilities and civil rights violations by federal officers.
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Sponsored by Sen. Eloise Gómez Reyes, D-San Bernardino, the bill requires federal immigrant agents “to present a valid judicial warrant and clearly identify themselves before making certain arrests within 1,000 feet of a California courthouse,” a news release from the senator’s office read.
“Justice cannot work when people are afraid to walk through courthouse doors,” Reyes said in the release. “No victim, witness, or family member should have to choose between seeking justice and risking civil arrest.”
In the same release, Tina Rosales-Torres of the Western Center on Law & Poverty said: “When immigrants are afraid to enter our courthouses because they fear being arrested by ICE, it undermines more than their individual ability to seek justice, it threatens the principles that protect all of us.”
Representatives of U.S. Immigration and Customs Enforcement did not immediately respond Tuesday to a request for comment.
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Federal officials have said that courthouse arrests are an effective and efficient tool for safely detaining people. First Assistant U.S. Attorney Bill Essayli of the Department of Justice’s Central District of California office has said state laws don’t apply to federal law enforcement.
SB 873’s critics included San Bernardino County Sheriff Shannon Dicus, who argued the bill is unconstitutional and sets up a no-win scenario for local law enforcement.
Sheriff’s deputies, who are responsible for courthouse security, run the risk of breaking federal law if they try to stop a courthouse arrest, Dicus said. Deputies could be sued civilly if they don’t intervene, he added.
SB 873 takes effect Jan. 1.
Other immigration-related bills signed by Newsom on Tuesday include a 25% tax on private detention facilities, restrictions on the use of state land for immigration enforcement and a ban on ICE officers who have committed serious, on-the-job misconduct becoming peace officers or public employees in California.
“California is taking action to strengthen transparency, accountability, and oversight around immigration enforcement in our state,” Newsom said in a statement. “This is about stepping up where the federal government has failed our communities.”
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