California Governor Gavin Newsom signed a package of legislation on Tuesday aimed at expanding oversight of federal immigration enforcement in the state, including a first-in-the-nation ban on shock gloves and a first-in-the-nation 25% tax on private detention facilities.
The legislation addresses immigration detention, enforcement transparency, civil rights, state facilities, public records, family services and oversight of civil detention facilities in California, according to the Governor's Office.
"Trump has put his political interests above the health, safety and livelihood of American families. California is taking action to strengthen transparency, accountability, and oversight around immigration enforcement in our state," Newsom said. "This is about stepping up where the federal government has failed our communities. We will continue protecting our people, upholding the rule of law, and making clear that if the federal government operates in California, we will hold them accountable."
The Governor's Office said the package builds on California's longstanding efforts to support immigrant communities and responds to an intensified federal immigration enforcement environment, including federal operations in Southern California and the federalization of California National Guard personnel in June.
California cannot dictate federal immigration policy, but where federal enforcement operates within the state, California can establish and enforce state-law requirements governing state property, state resources, detention facilities, public records, law-enforcement practices and access to state-administered programs, the office said.
The bills establish stronger standards for law-enforcement practices, including a ban on shock gloves setting limits on wearable electroshock devices, restrictions on flash-bang grenades and explosive breaching charges including in immigration-enforcement activities, and a prohibition on ICE officers who have committed serious misconduct on the job from becoming peace officers or public employees in California.
The measures also strengthen detention oversight, imposing a new 25% tax on private detention facilities with revenue going toward immigration-related services, closing a loophole that previously allowed some facilities to claim tax-exempt status. They expand health, safety and oversight requirements for civil detention facilities, expand public access to records, strengthen the Attorney General's role in immigration-related matters, and add planning and zoning requirements for public-agency approval of detention centers.
On transparency, the legislation restricts the use of state-owned facilities for immigration-enforcement staging, processing, detention or operations, and requires rental vehicles used by law enforcement for detention, arrest or transportation to display a temporary decal identifying the agency, with limited exceptions.
To protect civil rights and access to justice, the package gives individuals the ability to sue federal government officials who have violated their federal constitutional rights, and protects people traveling to or from courthouses for lawful activities from civil arrest.
The legislation also protects eligibility for CalWORKs assistance when a child or household member is detained by federal immigration authorities in specified circumstances, and strengthens protections for immigrant victims and others seeking assistance under California law.
The 21 signed bills include AB 1627, AB 1633, AB 1650, AB 1655, AB 1801, AB 1806, AB 1807, AB 1994, AB 2318, AB 2495, AB 2760, SB 420, SB 423, SB 747, SB 873, SB 937, SB 942, SB 957, SB 1004, SB 1367 and SB 1399.