October 14, 2019
Angela Chan, Policy Director & Senior Staff Attorney
Work: (415) 858-7719 / Cell: (503) 358-2795
“AB 1282 was an opportunity to put to end private prison corporations in California profiting off of conducting immigration arrests that are not authorized by federal law. CDCR should not be using its resources to assist private prison corporations in funneling community members into immigration detention,” said Angela Chan, Policy Manager at Advancing Justice – Asian Law Caucus. “We urge Governor Newsom to recognize that immigrants should not be subject to a second punishment of deportation and permanent separation from their families and communities. That’s why we prioritized passage of AB 1282. And that’s why we launched a petition asking Governor Newsom to tell CDCR to not turn over Tith Ton, a Cambodian refugee and upstanding community member detained in San Quentin, to ICE upon his imminent release.”
Global private prison corporation G4S conducts about one-third of the immigration arrests of individuals released from CDCR custody, despite lacking the legal authority under federal law to do so. G4S has a deplorable record of subjecting individuals in their custody to inhumane and life-threatening conditions.
“CDCR’s past collaboration with G4S resulted in my transfer into immigration detention. This practice has led to the deportation of thousands of other community members who earned their release from state prison,” said Ny Nourn, Immigrant Rights Community Advocate at Advancing Justice – Asian Law Caucus. “Governor Newsom’s decision to not sign AB 1282 into law will continue to separate families and implicate our state in facilitating unlawful arrests by private contractors for deportation purposes.”
“AB 1282 would have been a major step toward California fulfilling its pledge as a sanctuary state,” added Liza Chu, California Policy Manager, Asian Americans Advancing Justice – Califonia. “More work remains to be done. We will continue to urge Governor Newsom to sign future legislation to demonstrate his strong dedication to all Californians that call this state home.”
In his veto message, Governor Newsom expressed concern that a provision in AB 1282 which prohibits CDCR from transferring individuals in their custody between state prison facilities within 90 days of release could hinder or delay transfers between facilities for a variety of situations, including medical care and court obligations. However, this provision in AB 1282 merely codifies existing CDCR Regulation 3379, including its exceptions for such scenarios. Currently, CDCR violates its own regulations by transferring individuals to state prisons closer to ICE field offices or detention facilities prior to release, allowing easier access for private security corporations to conduct immigration arrests on ICE’s behalf.
Final language for AB 1282 is available here. AB 1282 was co-sponsored by Asian Americans Advancing Justice – California, Asian Prisoner Support Committee, Freedom for Immigrants, Legal Services for Prisoners with Children, and Youth Justice Coalition.