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AB 937 Page 9 entity or official firm sending to, or receiving front, the Immigration and Namrallmlion Service infrrmation regarding the citizenship orfirminuration status of any individual. As part of its challenge to the Values Act, the United States contended that R 11.S.C. 1373 directi_y prohibits the infornwion-sluiring restrictions of the Values Act. the 9"' Circuit Court, of appeal disagTucd and noted that the VaILICs Act expressly perurirs the sharing of such udma-ktion, and so does not appear to conflict with Section 1373. This bill does not specilically reference those federal statutes or the sections of the Valries Act concerning those stances. Therefore, to the extent the Values Act contunles to have e&ct beyond the cluncunc lit of this ball, perhaips law cli orcerrx rit agencies would still be allowed to comply with chose federal stalules. this hill does not provide an exception allowing state and local agencies (uuauding law cliorcenxnt) to comply with those Lcdcral statutes if stICh amynliance would otherwise be prohibited by this hill. The prohbinons in this hill on state and local agencies actions dui assist irr immigration enforcement would seem to include a prohibition on sending any inf nriation to immigration aulhoritics if it would assist ur iniuiCration cutoreancut. Without express movisions allowing state and local agencies to comply with those federal statutes, it does seem more likely that a coat could find that this bill is in conflict with, and preenIpted by, federal kiw. 6) Argument in Support: According to the Lrritiate.hWice, "When California's jails and prisons volimiarily and tavrhecessaril_y transfer unnrigrani and refugee comma nily incinbers eligible fin- release li-om slate or local custody to 1CF fbr innnipalion detention and deporration purposes, they subject these conummity menibers to double punishment and perpeu4al tratnna. Connrurnity members can be incarcerated by ICE, olien 16r prolonged periods and with no right to bail, and deported --permanently hanishing them from the cormay, from tutu- tanilics, their hones, their livelihoods. "As the state with the largest immigrant wnnrrnlnity in the Country, Calitbrnia has an ethical and moral obligation to step up our leadership and take action to protect tlrc tights ol'all refilgecs and immigrants who call Califunia home, including those for release from inv local jails and ,tau; prisons. if we -Atoend the cruel practice of ICE uanstcrs, Califunia will continue to actively participate in the separation of in -migrant and refirgee hrrnilies, and inflict irreparablc harm to those who cane here fleeing war and genocide or to sinnply build a better life l6r themselves and their children. "Moreover, state and local participation in federal uhaivgration enlorcctnctn prog,ins li,s rfi:;ed constilulional concerns, including anesls and detentions lhal violate the Fourth AmendnKnt to the United States Constitution, and that target i nrigrants on the basis of race or ethnicity in violation ol'the RILLal Protection Clause - ' Transferring Caifornia residents to ICE custody is costly. By ending vohrnuary ICE uanfers_, California stands to save state reotn-ce that can be invested in mental health, housing, youth development, and access to living wage-- all of which have becrl proven to tcduec clink: and stabilize arrrununitics. YdgA1gfifdl their record of rehabilitation"saable4emily plans, and community F�Si4H l