California governor's veto blasted by AAPI legal advocates

KEVIN LO / ASIAN LAW CAUCUS

Southeast Asians protest Trump deportation policies.

A legal advocacy agency for AAPI denounces California Gov. Gavin Newsom’s veto of a bill that would further limit cooperation between the California Department of Corrections and Rehabilitation (CDCR) and Immigration & Customs Enforcement (ICE).

AB 1282, “No Private ICE Act,” which would have prohibited the state prison system, from facilitating or allowing private security corporations to conduct unlawful immigration arrests of individuals in CDCR custody.

“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 Gov. 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.”

The private for-profit 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, according to the Asian Law Caucus. 

“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 – California. 

In his veto message,  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.

Currently, an estimated 12,000 noncitizens are serving in the state’s prisons and will likely face deportation upon release. Under Donald Trump's immigration policies, the Southeast Asian community has been targeted. 

Newsom has granted pardons to a handful of refugees and prevented their deportation, but nationwide, hundreds of  Cambodian and Vietnamese refugees have already been deported. 

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