The fact that there is a California Trust Act may not be well known. If it’s news to you, AB 4 (Ammiano) was approved by the Governor in October 2013 and it took effect January 1, 2014. Federal law authorizes immigration officers to issue an Immigration and Customs Enforcement (ICE) hold request or detainer that serves to inform a local law enforcement agency that it wants someone the local agency is holding. The Trust Act prohibits the detaining agency from holding that individual beyond the point they become eligible for release from custody, unless certain conditions are met, including, among other things, that the individual has been convicted of specified crimes. But, the individual may not be held simply because an immigration hold/detainer has been issued/received.
The EIA encourages all members that have law enforcement agencies to review their policies and procedures to ensure compliance with the Trust Act. Please feel free to direct questions to the EIA’s Loss Prevention or Liability Claims staff. You may also follow the links to the law and code for more information.