California Attorney General Rob Bonta has issued a series of updated bulletins and guidance to aid law enforcement, prosecutors, and defense counsel in complying with state laws as California anticipates new threats to its immigrant communities. The updates include an information bulletin for law enforcement on Senate Bill (SB) 54, known as "the California Values Act," which limits the use of state and local resources in immigration enforcement amid expected increased federal activity under the incoming administration.
Bonta also provided guidance on hate crimes for law enforcement, prosecutors, and victims due to potential violence against immigrants stemming from the President-elect's rhetoric. Additionally, new guidance was issued for prosecutors and defense counsel regarding their duty to inform defendants about possible immigration consequences when considering plea deals.
"While the President-elect spouts xenophobic rhetoric and makes plans to implement his inhumane mass deportation agenda, California is focused on protecting our communities," said Attorney General Bonta. "No matter who is in the White House, California will continue to lead with California values – and we will not divert vital public safety resources for federal immigration enforcement."
Under SB 54, California law enforcement agencies are restricted from assisting federal immigration efforts except under specific circumstances outlined in the bulletin. They cannot investigate or detain individuals solely for immigration purposes or honor certain requests from federal agencies related to detainees' release dates.
For legal professionals, new guidance was issued under Section 1016.3 of the Penal Code requiring defense counsel to advise clients on immigration consequences related to plea deals. Prosecutors are encouraged to consider these consequences during negotiations.
Resources have also been updated concerning hate crimes in anticipation of increased hostility toward immigrant communities. This includes protocols for rapid response by CADOJ resources and ensuring that victims know their rights without fear of inquiry into their immigration status unless necessary for visa certifications.
Attorney General Bonta emphasized his commitment to protecting immigrants' rights amid concerns over future federal policies: "Through these new and updated guidances, we are ensuring that law enforcement remains a partner and a resource for the California communities they serve."
The full set of resources can be accessed at oag.ca.gov/immigrant/resources.