AB 85: Law enforcement: cooperation with immigration authorities.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2024-12-20
Current Status:
Failed
(2026-02-02: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
Under existing law, a law enforcement official has limited discretion to cooperate with immigration authorities, and may only provide information regarding a persons release date or transfer an individual to immigration authorities without a judicial warrant or probable cause determination if the individual has been convicted of specified crimes, including, but not limited to, serious and violent felonies, as specified, and only if doing so would not violate any federal, state, or local law, or local policy.
Notwithstanding those provisions, this bill would instead require law enforcement officials to cooperate with immigration authorities by detaining and transferring an individual and providing release information if a person has been convicted of a felony. By requiring local law enforcement to comply with requests from immigration authorities, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(a)Notwithstanding Section 7282.5 or 7284.6, law enforcement officials shall, for an individual described in subdivision (b), cooperate with immigration authorities in any of the following circumstances:
(1)Providing information regarding a persons release date or responding to requests for notification by providing release dates in response to a notification request from immigration authorities.
(2)Transferring an individual to immigration authorities in response to a transfer request.
(3)Detaining an individual on the basis of a hold request.
(b)Law enforcement officials shall cooperate with immigration authorities pursuant to subdivision (a) for an individual who has been convicted of a felony.
(c)For the purposes of this section, immigration authorities shall have the same meaning as provided in subdivision (c) of Section 7284.4.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Feb 2, 2026 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2026 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| Apr 8, 2025 | In committee: Hearing postponed by committee. |
| Mar 19, 2025 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Feb 3, 2025 | Referred to Com. on PUB. S. |
| Jan 6, 2025 | Read first time. |
| Dec 21, 2024 | From printer. May be heard in committee January 20. |
| Dec 20, 2024 | Introduced. To print. |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Bill Author
Bill Co-Author(s):