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AB 937 <br />I'rtge I S <br />A state or local agency shall not it of assist with the arrest, confirtcntcnt, detention, <br />transfer, interrogation, or deportation of an individual fill- an inmrilrration enforcement <br />purpose it any n>aroer, including but not lunited to, by notifying a tooter agency or <br />stdbcontractor thereof regarding the release date and time of an individtat I, releasing or <br />transferring to individual into the custody of another agency or subcontractor thereof; or <br />disclosing paronal infin-nution ... about an individ1.1tl, including, but not tintiu d to, an <br />individual's date of birth, work address, hone address, of parole or probation check in date <br />and time to another agency or subcontractor thereof This subdivision Shall apply <br />notwillhslanding any contrary provisions in Section 7282-5, subparagraphs (C) and (D) of <br />paragraph (1) o� or pamgmph (4) of; subdivision (a) of Section 7284.6, or subdivision (b) of <br />7284.6. <br />Although this bill prohibits the same irr/urrnatiorr from being shared with utvnigration authorities <br />that the Values Act prohibited fi-om being shared with them (and the 91' Circuit ruled artld be <br />wiTheld from i<uniaation authorities under the Values Act), it diffirs fron the Values Act i<i <br />several sigauficant ways. Furst, it provides that, "This subdivision sl-udl apply notwithstanding <br />any contrary provisions" in the Values Act. This apparently means that the exceptions listed in <br />the Values Act dill allow hw enforcement agencies to provide in.6rnlation to inimigralion <br />authorities in specified circwnstances (i-e- when law enfbrcentent officials are cooperating will <br />federal innrigration authorities in the apprehension of individuals who have been convicted of <br />serious and violent lelutnies, sex offenses, child molestation, and child abtue, when it is available <br />to the public, and when it is "in response to a notilicalion request. Gom immigration aulborilies") <br />those exceptions would not apply to dc;r the bill. <br />these particular limits on information ;haring may not result in contict preemption, thotugh. <br />because thcy do not necessarily hake it impossblc tin- public otticials to comply with both <br />federal law, or'�tand[) as an obstacle to the accomplishment and execution of the fill purposes <br />and objectives of Congress." (Ari_ona v. Urriteel States, supra. 567 U.S. at 399.) While the bill's <br />infon-tTIauion sharing provision is more restrictive that the Values Act, the bill does not <br />specifically prohibit the disclosure ofirfornstion about a person Is innhguation status. 0iven <br />that, the tneaning ol'Section 1373 has been narrowly construed, the bill'% greater restriction on <br />the release of inG>nnation likely would not violate Section 1 373 or result in conflict preemption. <br />Tlrc second significant reason why [his bill is tune restrictive than the Values Act is [hat, unlikC <br />the Vahucs Act. it does not specifically and expressly permit the sharing of intormation regarding <br />a Aaron's citizo:nship or invnigration stanus, which was at least mentioned by the 9't' Circuit <br />when it tgiheld the Values Act- (See US- v- California, supra, 921 F-3d at 890-) Therefine, it is <br />conceivable (though unlilcely) that the 9"' Circuit could reach a different conclusion about this <br />bill's I1mILILIUlLS on infirrn-rrtion sharing Alan it nude reFirding the Values Act because of the <br />bill's law of express permission. <br />Ihid, and moll significant, is the ficl thal the bill's language restricting the ability of state and <br />local agcilcics to assistwith irnnigration enorecnent efforts is extremely broad. Tle bill <br />provides that apublic agency cannot "assist with ihearrest, Conlinernent, detemion, transfer. <br />interrogation. or (kportafiou of an hidividuni/uran immigration enfn-cement purpose in any <br />Milliner. " This logically Could be interprt;ted to prohibit an agency front sanding to ICE, or <br />receiving fi-om TCT:nlliwilration rcgiurding the citi7cnsliip or immigration status, lawful or <br />ua lawt 1, of any individual in direct violation of Section 1373. Alternatively, this provision <br />coo i ue cc s fnc xs an o is rc c o tc a one s uncn an cxccu ton 4 <br />