- The purpose of the interview;
- That the interview is voluntary; and
- That he or she may decline the interview or may choose to be interviewed only with his or her attorney present.
- Provide a copy of the request to the individual; and
- Inform the individual whether the law enforcement agency intends to comply with the request.
California's Racial and Identity Profiling Act (AB 953)
Effective January 1, 2016, California's Racial and Identity Profiling Act (AB 953) includes requirements regarding a number of significant law enforcement issues.
- Specifically, beginning January 2016, in addition to reporting on citizen complaints received by law enforcement agencies, AB 953 requires California law enforcement agencies to begin collecting and reporting data on complaints that allege racial or identity profiling.
- AB 953 also expanded the definition of racial and identity profiling, to clarify that it is "the consideration of, or reliance on, to any degree, actual or perceived race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, or mental or physical disability in deciding which persons to subject to a stop or in deciding upon the scope or substance of law enforcement activities following a stop, except that an officer may consider or rely on characteristics listed in a specific suspect description."
- In addition to requiring the collection and reporting of data regarding citizen complaints that allege racial or identity profiling, AB 953 requires all city and county local law enforcement agencies in California, as well as the California Highway Patrol and peace officers of California state and university educational institutions, to collect perceived demographic and other detailed data on persons that they "stop," as defined in the law. The California Department of Justice is responsible for writing regulations to govern this data collection.
- AB 953 also mandates the creation of the Racial and Identity Profiling Advisory Board, for the purpose of eliminating racial and identity profiling and improving diversity and racial and identity sensitivity in law enforcement.
For more information on the Racial and Identity Profiling Act, (AB 953), see the Attorney General's website: /ab953.
California's Immigrant Victims of Crime Equity Act
Under federal law, immigrant victims of serious crimes – and certain family members – may qualify for protection from deportation and, eventually, legal status, if law enforcement officials certify that they have assisted, are assisting, or will be assisting in the investigation or prosecution of the crimes. U visas are designed for individuals who have suffered substantial mental or physical abuse because of criminal activity, and who have and/or are willing to continue to assist federal, state, and local law enforcement agencies or government officials in the investigation of that criminal activity.
Effective January 1, 2016, California's Immigrant Victims of Crime Equity Act requires state and local law enforcement agencies, prosecutors, judges, and other specified officials must certify the helpfulness of immigrant crime victims as part of the federal U visa certification" when certain conditions are met.
The law requires certifying entities to complete the certification within 90 days of the request, except in cases where the applicant is in immigration removal proceedings, in which case the certification must be completed within 14 days of the request. The law also includes a "rebuttable presumption," meaning that it is assumed that an immigrant victim is helpful, has been helpful, or is likely to be helpful, if the victim has not refused or failed to provide information and assistance reasonably requested by law enforcement.
For more information on the Immigrant Victims of Crime Equity Act, see the Attorney General's information bulletin to California law enforcement agencies detailing responsibilities under state law to assist immigrant crime victims in applying for U visas
California's Transparency and Responsibility Using State Tools (TRUST) Act
Effective January 1, 2014, California's Transparency and Responsibility Using State Tools (TRUST) Act defines the circumstances in which local law enforcement agencies may comply with immigration detainer requests. Detainer requests are the tool that Immigration and Customs Enforcement (ICE) uses when it wants state or local law enforcement agencies to detain individuals beyond their ordinary release because ICE believes the individual is in violation of federal immigration laws.
ICE’s detainer practices with local law enforcement agencies have been a source of controversy for many years, with a number of courts raising questions regarding their constitutional adequacy. Concerns also arise over their negative impact on trust and cooperation between immigrants and law enforcement. In 2013, as a response to these growing concerns and to protect the public safety of its residents, California enacted the TRUST Act.
In accordance with the TRUST Act, if a local law enforcement agency wishes to comply with a voluntary ICE detainer request, two conditions must be met. First, the continued detention cannot violate any federal, state, or local law, or any local policy – including protections afforded by the US Constitution. Most California sheriffs require that detainers be supported by a judicial warrant in order to ensure adherence with Fourth Amendment protections.
Second, the individual must have been convicted of certain specific crimes, or meet other specific criminal criteria. Only if both conditions are met may local law enforcement detain an individual for up to 48 hours beyond their ordinary release.
Access to Crime Reports for Victims of Crime
Effective January 1, 2014, Assembly Bill 1195 ensures that any victim of crime, regardless of that individual's legal status, has the right to access their crime report, and specifies that a state or local law enforcement agency cannot deny a victim of a crime access to his or her crime report because the victim cannot prove lawful presence in the country.
1 The local law enforcement agency is required to make the written consent form available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean, and any additional languages that meet the county threshold as defined in subdivision (d) of Section 128552 of the Health and Safety Code if certified translations in those languages are made available to the local law enforcement agency at no cost.
