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Proposed Sac'to Bill To Prohibit CA/Local Law Enforcement From Detaining, Reporting or Arresting Persons For Fed'l Immigration Enforcement Advances To Key Fiscal Committee

Among Supportive Witnesses In Public Safety Committee Was Son Whose Father Illegally Entered U.S. From Mexico, Was Twice Deported, Returned To Build Family, Was Stopped In Feb. 2016 By CSULB Police For Broken Headlight, Held For Feds And Deported For 20-Yr Old Fed'l Drug Conviction


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(February 1, 2017, 8:55 a.m.) -- As carried LIVE on LBREPORT.com, the CA Senate's Public Safety Committee voted 5-2 -- Dems "yes," Repubs "no" but suggesting an amendment might change their views -- to advance to the Senate Appropriations Committee SB 54 by state Senate president Pro Tem Kevin de Leon (D, Los Angeles) that would [legislative counsel text] "prohibit state and local law enforcement agencies, school police and security departments from using resources to investigate, interrogate, detain, detect, report, or arrest persons for immigration enforcement purposes, or to investigate, enforce, or assist in the investigation or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, religion, or national or ethnic origin."

The legislation has been described by some as creating a "sanctuary state" in defiance of President Trump's Jan. 25 Executive Order that indicates state and local government entities could lose access to federal taxpayer dollars if they fail to comply with federal law and assist federal authorities in enforcing federal immigration laws.

For quick-launch on-demand access to audio of the Committee hearing (begins with pertinent part of Sen. deLeon's opening) click here..




During his campaign, Presidential candidate Trump cited the 2015 fatal shooting of Kate Steinle, 32, shot to death while walking with familymembers along San Francisco's popular Embarcadero. The alleged gunman had entered the country illegally several times, and been deported multiple times, to Mexico...and San Francisco officials released him from jail despite a request from federal immigration officials to hold him for possible deportation.
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During the roughly 90 minute Jan. 31 Committee hearing, Sen deLeon objected to candidate Trump's use of what he called the "horrible tragedy" of the Steinle killing to create a narrative suggesting widespread violence by illegal immigrants, and contended that facts show that most are hard working taxpaying residents.

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Among witnesses testifying in support of SB 54 was Victor Alvarez (Senate Committee webcast screen save, right), whose father Jose Alvarez illegally entered the U.S., took up residence, recently started a business and in February 2016 was on his way to pick up his son when CSULB police stopped him for a broken headlight. That turned up Jose Alvarez's conviction roughly twenty years earlier on a federal drug offense [third party news story indicates possession/transportation of crystal meth with three and a half year prison sentence.] CSULB police held Jose Alvarez for U.S. Immigration and Customs Enforcement (ICE) which swiftly deported Jose Alvarez to Mexico, separating him from his family of six children who were born in the U.S. and are thus U.S. citizens, one of whom served in the U.S. Marines.

Victor Alvarez testified in part: "The last thing my father had told me before the police had taken him was that 'work hard and to support the family.' Since my Dad was deported, the whole family has been suffering. I had to put school on hold just to work full time to provide for the family. The problem of police getting involved with deportation affects a lot of people and has torn many families apart. I don't want anyone to worry about having to drop out of school to support their family after a parent has been deported."

To hear Victor Alvarez's Committee testimony, click here.

[CSULB's president has since issued an order stating "[C]ampus police officers may arrest a foreign national with an undocumented status only if there is probable cause to believe he or she has violated a state law, local ordinance, or a federal law unrelated to immigration laws for which a warrant has been issued by a judge...In other words, officers shall not stop or detain persons for determining immigration status or arrest persons solely for alleged undocumented entry into the United States."]

A third party news account indicates this was Mr. Alvarez's third deportation; the first came in the 1970s shortly after his arrival in the U.S.; a second occurred in 1999 at the end of his federal prison term; the most recent deportation occurred during the Obama administration, which didn't act on pleas by Cong. Alan Lowenthal (D, Long Beach-West OC) or a Long Beach City Council resolution in support of DHS humanitarian parole for Jose Alvarez.

On Nov. 15, 2016, the Long Beach City Council voted (5-3, Price, Supernaw, Mungo dissenting, Gonzalez absent) to support humanitarian parole for Mr. Alvarez and directed the City Attorney to draft a resolution in support. [LBREPORT.com coverage here.) When the resolution text returned for a final Council vote, Councilmembers voted 5-2 in support (Price and Supernaw dissenting, Andrews and Mungo absent.) [LBREPORT.com coverage here.] The Long Beach Council item was originally scheduled for Nov. 1, one week before the Presidential election, by Councilman Roberto Uranga, joined by Councilmembers Lena Gonzalez and Jeannine Pearce; at the opening of the Nov. 1 Council meeting, Mayor Robert Garcia announced the item was withdrawn but provided no public explanation.

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Senate Public Safety Committee member Sen. Jeff Stone (R, Temecula) said he's sympathetic to situations such as Mr. Alvarez, cited concerns of law enforcement on maintaining communication, and said he was most concerned about deporting dangerous felons, and cited the Steinle SF fatal shooting. Sen. deLeon replied that his bill is meant to decouple local law enforcement from federal immigration policies, objected to what called then-candidate Trump's narrative, and said reality is "vast majority" of immigrants, "regardless of legal status," are hard working and otherwise law abiding. "To depict undocument immigrant as a murder, a rapist is inaccurate," Sen. deLeon said.

Sen. Stone responded that since dangerous felons appear to be a small percentage, would Sen. deLeon be willing to deal with that small percentage of dangerous felons, saying the bill as written protects them. Sen. deLeon replied that his bill doesn't stop ICE from doing its job; said he doesn't want any individual who commits a heinous crime in neighborhoods; said the worst thing would be to have police officers leave their beats to assist ICE in arresting mothers picking up their children...and didn't directly answer Sen. Stone's question.

Sen. Stone asked again: "Are you supportive of any amendment that would allow communication with fed'l authorities to pick up very small percentage of dangerous felons?" Sen DeLeon said such an amendment isn't necessary, saying nothing in the bill stops ICE from communicating with Sheriffs now handling jails and if ICE has a warrant, nothing in bill prohibits communication. Sen deLeon went on to say that the Steinle killing in SF was a "horrible tragedy" but not reflective of those he described as hard working immigrants who come to this country.

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The Committee's party-line vote sends SB 54 to the CA Senate's Appropriations Committee, chaired by state Senator Ricardo Lara (D, Long Beach-Huntington Park). That Committee's focus is supposed to be on state budget impacts of proposed legislation (as opposed to bill policy)...and would presumably confront the extent to which SB 54 could affect CA access to federal taxpayer dollars under President Trump's Executive Order.

Appropriations Committee chair Lara is a political ally of Long Beach Mayor Robert Garcia, a lawfully naturalized immigrant from Peru and a Dem who voted to nominate Hillary Clinton (over Bernie Sanders) at the Dem Party's 2016 convention. On Jan. 28, 2017, Mayor Garcia wrote on his Facebook page: "Long Beach has an amazing Cambodian community because we welcomed them as refugees from a country torn apart by genocide. That's what America is all about. We stand up for others with compassion. This refugee and Muslim ban does not reflect the values of our country. "Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed, to me: I lift my lamp beside the golden door."

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