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AB 937 Page 7 Gillelte Cornpany. el- aL, v- Franchise Tax Board (2015) 62 Ca14 " 468,483. Thu hill would amend the Vahles Act by repealing the portiorus of the Values Act which allow law enfi>rcenlent to cooperate under certain circuunstances- Rather than amend the Values Act, this bill creates a new statute and the repeals the portions of the Values Act by cross reference- By Bailing to amend the Values Act, it a-cates conlitsion about how this bill will change current L1ty. To the extent that the provisions, of this bill conflict with the Values Act, it is not clear which stalmlc would contr-oL One example of a potential conflict involves the directive in the Values Act for the Attorney Galcral to develop model policies. The Values Act tu)uircd that the Attorney Gencral to publish model polices Inviting assistance with nnnigration enforcement to the tallest extent possible consistent with federal and ,[Late law at public schools, public libraries, health facilities openucd by the state, coumhouses, division of i abor Standards Enlin-ecnlent liciliics, the ALnricultur:rl labor Relations hoard, the Division of Workers Compensation, and sllcllcra. iJnder the Values Act, certain agencies are rculuil-cd to adopt those polieics, and the other entities are enaluuaged to adopt them- Would the provisions of this hill take precedence over couyrli<ance with the pohcics generated by the Attorney General if there was a conflict between the policies developed by the Attonley (ienelml and the provisions Of this' bill? Fxpressly amending the Values Acl would provide legislators and the public clarily about how the provisions of this bill arcintenc9ed to iteract with current law. 4) The Language in This Bill Prohibiting a State or Local Agency From Assisting Immigration Enforcement is Quite Brad: This bill spceilics that a "state or local agency shall not an'est or assist with the arrest, confinement, detention, nanster, inten'ogation, or depcntation ofan individual for an inlmigeltion entorecnetlt purpose in any manner, ..: I'o 'assist an inonieration cntorcetlent purpose in any manna" cove's a wide range fit bchaVIOI-, including. rr akinK inlortnttion available That lanul.agc is broad enough that a slate and local agency will need to evaluate whether any action it enLAges in alight assist in ulvnij�ratiorl entoreenlalt, reguclless oftvhether the action night have a policy purpose uulanlllecled to ininitn-ation enfiwcenlent- Any vilbri ><ation that a state or local agency shares with a tederal en* makes it likely that such itAirmlation would be accessible by federal itnrnigration authorities. it could be diflicuh for a ;tale or local agency detelinne it' any i1fornlltion shared with federal agency ntiomt "asset" an immigration errfr)rcenlertt Purpose leacltrg to an interrogation. detention, of uhitrlatCly deportation. State and local iagellCleS WOuld face a stllllar problelll with 1111 1-11LIuoll that is avalaabee to the pllh11C ellller via a website or through a public records request. If such itfornration could assist with immigration cniorccnent, should the state or local ag*cnc.y Iticasc such) inloinution" This bill would expose any state or local agency to civil liability if the agency assists in»nigration ClIforcennent in any Intoner. 5) Lawsuit Challenging the Values ACT (U.S. v. California): fhc tcderal eovel•nmcnt tiled suit in Ucral court to challalge the Values Act assennlg that the VALICS Aa was pi-ccmpled and violated the sgn-enucv clause ofthe i1-S- Constitution because the Values Act r�v�wnuL vl un `S aiclarlr" In li vlr r:al lrnrrv$,rwlinn Doti ...........l City Council 21 — 13 5/4/2021