Governor Newsom Vetoes The Home Act

On Friday, Governor Gavin Newsom vetoed a bill, The Home Act, which would restrict California from transforming individuals leaving incarceration to the Immigration Customs Enforcement (ICE).

The bill, AB 1306, was introduced by Assembymember Wendy Carrillo (D-Los Angeles) would restrict the California Department of Corrections and Rehabilitation (CDCR) from transferring individuals leaving incarceration after achieving parole to Immigration Customs Enforcement (ICE), if they have also benefited from recent resentencing and compassionate release reforms.

Although in her response, Carrillo claimed the bill faced no opposition, the votes said otherwise as it passed the senate in a 29-9 vote and the Assembly in a 54-18 vote earlier this year.

Here is his veto message:

To the Members of the California State Assembly:

I am returning Assembly Bill 1306 without my signature.

This bill prohibits the California Department of Corrections and Rehabilitation (CDCR) from providing any information or responding to a request for coordination from the U.S. Immigration and Customs Enforcement (ICE), a federal law enforcement agency, regarding the imminent release of an incarcerated non-citizen, if the person is being released under specific circumstances.

The bill would prevent information sharing and coordination upon a person’s release from CDCR custody for a significant number of people and, as a result, would impede CDCR’s interaction with a federal law enforcement agency charged with assessing public safety risks.

I believe current law strikes the right balance on limiting interaction to support community trust and cooperation between law enforcement and local communities.

For this reason, I cannot sign this bill.

However, as an Administration, we recognize that improvements in this process are important. CDCR will limit how it communicates with ICE as a federal law enforcement agency, so information is only provided to ICE when a non-citizen individual enters prison and is approaching their release date. ICE will determine how it will. proceed with its enforcement of federal law.

Sincerely,

Gavin Newsom

AB1306 The Home Act

After receiving the veto, Carrillo issued the following statement:

“I am disappointed in Governor Newsom’ decision to veto AB 1306, the HOME Act, which would have limited the California Department of Corrections and Rehabilitations (CDCR) collaboration with Ice in double punishing immigrants who have earned parole. It was never the intention of the legislator to exclude immigrants from restorative justice reform policies. A recent ACLU public records request showed clear bias and discrimination that targeted Latinos and other immigrant individuals by CDCR staff. The crass reference of putting “Mexican” or “US Citizen” in a hat and picking one to determine an individuals future, while having documentation that the individual was born in California further signaled the need to put an end to the collaboration with ICE, which allows CDCR to engage in discriminatory judge, jury and executioner tactics.

AB 1306 was a vary narrow fix in law, three years in the making, to ensure the legislatures intention of allowing uniquely affected Californians to return to their communities and families and rebuild their lives after serving their time. Instead, they will continue facing indefinite incarceration in immigration detention, which is a sentence that was never handed down by a criminal court or a judge. The policy had no opposition, was highly supported by the legislature and additionally, had no opposition from law enforcement.

I am committed to reintroducing the policy and end a duel system of justice in California that treats immigrants as less than and unworthy of a second chance.” – Wendy Carrillo

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