Item 26 - Councilmember Requested Item - Resolution in Support of AB1306

Home Browse Search

Santa Ana City Council Resolution in Support of the HOME Act (Carrillo - AB 1306) Whereas, refugees and immigrants are a vital part of California’s heart and identity, and we recognize the humanity of all people who call our community home, Whereas, California’s criminal justice system unjustly and disproportionately harms Black, Latinx, Indigenous, and Asian and Pacific Islander American communities. Whereas, in recent years, the Legislature and California voters have demonstrated a strong commitment to reforming our criminal system and ending mass incarceration by enacting the following landmark reforms. Through these reforms, certain incarcerated individuals have the opportunity to be considered for resentencing or release. Whereas, despite these reforms, when California’s prisons voluntarily and unnecessarily transfer immigrant and refugee community members eligible for release from state custody to Immigration and Customs Enforcement (ICE) for immigration detention and deportation purposes, they subject these community members to double punishment and further trauma. This double-punishment devastates families and deprives our communities of beloved leaders who are eager to positively contribute to society. If not because of where they were born, these community members would be allowed to return home to their families and communities. Whereas, immigrant community members can be incarcerated by ICE, often for prolonged periods and with no right to bail, and deported, permanently banishing them from the country, from their families, their homes, their livelihoods and “all that makes life worth living.” Ng Fung Ho v. White, 259 U.S. 276, 284 (1922). The Supreme Court has repeatedly acknowledged that for many people deportation is a more severe penalty than any jail sentence. See, e.g., Lee v. U.S., 137 S.Ct. 1958, 1968 (2017); Padilla v. Kentucky, 559 U.S. 356, 364 (2010). Whereas, data shows that Black and Brown immigrants are disproportionately targeted by arrest, detention, and deportation. Whereas, when the California legislature passed criminal justice reforms that are included in the HOME Act (AB 1306), these existing reforms were expected to save the state millions by reducing the length of draconian sentences. However, when Californians who are immigrants earn release through these reforms, CDCR expends additional funding unnecessarily to coordinate with and hand these community members over to ICE for a second, double punishment. The full intent, benefits, and cost savings from these reforms cannot be fully realized if CDCR continues to waste resources on assisting ICE with deportations.