A new bill that would prevent prisons from turning over certain newly released undocumented immigrants to federal authorities for deportation passed the Assembly Public Safety Committee April 12.
Assembly Bill 1306—also known as the Harmonizing Our Measures for Equality (HOME Act) and authored by lawmaker Wendy Carrillo (D-Los Angeles)—will build off previous legislation that failed to pass last year.
The previous bill aimed to ban the transfer of all undocumented immigrants to Immigration and Customs Enforcement (ICE) for potential deportation following the completion of a prison sentence.
However, the new bill only proposes safeguarding some from being transferred to federal authorities under specific circumstances, such as clemency from the governor.
Carrillo said during the committee hearing that the bill is fair for immigrants who have completed their time.
“Rather than be united with their family, our state prison system turns them over to Immigration and Customs Enforcement for double punishment and definite incarceration and immigration detention, which is a sentence that was never handed out by a criminal court or a judge,” she said.
Organizations in support of the bill include the California Public Defenders Association, Legal Services for Prisoners with Children, Asian Americans Advancing Justice, and the California Attorneys for Criminal Justice.
No one came forward with opposing remarks during the meeting, but several law enforcement organizations opposed the now failed previous similar legislation in a joint statement in 2021, fearing that not deporting newly released undocumented immigrants—after incarceration—could lead to repeat offenses.
“We are also not arguing that immigrants somehow pose any more threat than citizens or asking to involve immigration authorities in low-level offenses. However, there should be a point, in the most egregious cases, where we do not provide protections for dangerous persons from enforcement,” read the statement signed by the Peace Officers Research Association of California, California Police Chiefs Association, California State Sheriffs Association, California District Attorneys Association, and others.
Some exceptions for undocumented immigrants to avoid being transferred to ICE under AB 1306 include those: that fall under compassionate release or parole due to their age or severe medical conditions; who can prove their case was impacted by racial bias; who are eligible for resentencing because they were wrongly convicted of a felony murder charge; whose crimes were due to being victims of sexual assault and abuse; and eligible for early release because their crimes were committed in their youth.
Carrillo said the bill doesn’t change anything regarding the sentencing of a suspect, but simply empowers the Department of Parole to say, “We believe this individual is rehabilitated and has the opportunity to return home.”
One example of such a case is Sandra Castañeda—who received a 40-year sentence for driving while one of her passengers shot and killed a teenager from the vehicle.
She was given clemency by Gov. Gavin Newsom in 2021. But following her release, Castañeda was detained by ICE for more than a year due to her immigration status.
“Getting handed over to ICE was a heartbreaking experience for me and my friends,” she said during the committee hearing.
AB 1306 now heads to the Judiciary Committee for a vote, but the date is unclear.
