For the last several decades, many cities, states, and counties in the United States have developed “sanctuary” policies meant for serving and protecting the residents of the specific state or city regardless of people’s immigration status. Such policies include creating U-Visa policies, issuing residents with identification documents like driver’s license, providing classes on English language and providing training to criminal prosecutors regarding the impacts of immigration concerning convictions. One important aspect of “sanctuary” policies is the important role played by a state’s law enforcement officers in cooperating with the federal agencies to enforce laws on immigration. The main reasons why states and cities adopt these policies is to strengthen the relationship between the police and the residents and protect the local law enforcement agencies from the problems that would arise from the enforcement of immigration laws. An example of a state in the United States that has adopted “sanctuary” policies is California State. For this paper, I will review the recently passed, Senate Bill 54, discuss its nature and determine whether or not the policy is necessary.
Senate Bill 54
In defiance of the controversial immigration policies initiated by President Donald Trump, California is one of the US states that has passed a bill that limits the cooperation of local police with the federal authorities in charge of immigration (Park, 2017). The Senate Bill 54 was introduced by California State’s President Pro Tempore, Kevin Alexander Leon, amid heated debates about the controversial victory of President Trump (Ulloa, 2017). The proposed bill would also restrict the state enforcement agencies including the school police from utilizing state resources to carry out any investigations, interrogations or arrests related to the enforcement of immigration laws. Such resources include personnel, facilities, equipment, and money. Also, the proposed bill would prohibit the state law enforcement agencies from asking about the immigration status of a resident in California or any other related information that would help the federal authorities to interview individuals in custody (Park, 2017). The bill passed with a 27-12 vote with greater support from the Democrats.
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One important aspect about the Senate Bill 54 is that it augments on the California Trust Act which was signed in the year 2013 by Governor Jerry Brown. Focused on protecting immigrants, the California Trust Act was introduced to hinder the law enforcement agencies from detaining immigrants charged with minor crimes, for a longer time that it is necessary (Ulloa, 2017). Another aspect about the SB 54 is that it restricts enforcement agencies from complying with “hold requests” to keep any individual in custody and providing any information concerning the release date of a person unless such information is already publicly known. Kevin Leo, the bill’s sponsor, argues that it will help prevent the wasteful use of law enforcement resources when police seek to take into custody, law-abiding people (Park, 2017).
Apart from barring law enforcement agencies from collecting information concerning an individual’s immigration status, responding to transfer requests and utilizing state resources in the enforcement of immigration laws, the bill also bars the agencies from arresting any person based on warrants of civil immigration (Ulloa, 2017). Also, the bill bars the agencies from performing functions of immigration officers and helping the federal immigration agencies in conducting a search without a valid warrant (Ulloa, 2017). The SB 54 requires enforcement agencies to notify the United States Immigration and Customs Enforcement of the scheduled release of individuals charged with violent crimes. The only exception of the bill is that the local agencies can transfer people to the federal authorities if the latter have a valid judicial warrant. Local agencies are also allowed to do so of the individual involved in the case has previously been found guilty and charged with a violent felony.
Importance of the bill
After the SB 54 becomes law, California State’s Department of Justice will enact policies giving guidelines on the do and don’ts of the state and local enforcement agencies concerning assisting the federal authorities. Supporters of the SB 54 believe that the passing of the bill will help in creating “safe zones” for the immigrants as public institutions run by the state government including schools and health care facilities will be required to implement the policies. Other government-run institutions that would also be encouraged to implements these policies include learning institutions and organizations that offer physical and mental health services (Ulloa, 2017).
According to the federal law, fingerprint records of inmates that are booked in local and state jails should be sent to Department of Homeland Security (DHS) and FBI to help in keeping track of the number of offenders who are jailed and a number of them who are released. The DHS would then send an individual’s electronic information to the Immigration and Customs Enforcement after determining whether or not the offender should be deported (Ulloa, 2017; Park, 2017).The fact that the SB 54 allows state agencies to notify the ICE about offenders who have previously been deported for or charged with a violent felony is important as it would help in eliminating violent criminals from the society. Another importance of the SB 54 is that it will help in protecting the rights of the vulnerable communities in the society, especially the undocumented immigrants living in California. The bill will also contribute to protecting the religious affiliations of the immigrants and create a defense program for the individuals facing deportation and do not have any past criminal records (Ulloa, 2017).
Basis of implementation
Freiberg and Carson (2010) have developed five theoretical models of the connection between knowledge and policy. These theoretical models include the problem-solving model, the political or tactical model, the knowledge-driven model, the enlightenment model, and the interactive model (Freiberg & Freiberg, 2010).
The problem-solving model is whereby research monitors policy and policy concerns shape the priorities of research. Here, experts are said to be “on top, ” and particular pieces of research are used to help in formulating and implementing policies (Freiberg & Freiberg, 2010).The political or tactical model sees a policy as a result of a political procedure hence drives the agenda of the research politically. The knowledge-driven model is the model whereby research leads policy. It consists of a component of scientific unavoidability with the expert said to be “on top” and in a more great form, the abandonment of a political choice in the indulgence of scientific priorities (Freiberg & Freiberg, 2010).
The enlightenment model is whereby research affects the method in which problems are framed. The evidence and research derived in this model do not discourse the decision problem rather it addresses the framework in which the decision will be implemented. Also, it provides a framework to think about the decision and pursue to lighten the landscape of decision makers (Freiberg & Freiberg, 2010).
The interactive model is whereby research is one of the many features in a much more difficult and elusive set of relationships between research and decision making (Freiberg & Freiberg, 2010). Based on these five models, I think the implementation decision for the Senate Bill 54 was based on the political/tactical model because the bill’s proposal has resulted from a political procedure of determining how the state and federal governments should cooperate concerning matters of immigration.
Personal opinion
President Trump’s immigration policies stereotype the immigrants as criminals who should be deported without any defense by a court of law. Implementing the SB 54 will help in protecting and providing support to law-abiding immigrants regardless of whether or not they are documented to live in California. As earlier mentioned, the bill will help in creating safe zones for immigrants and keeping criminals away from the society through the deportation of immigrants previously charged or even jailed for violent crimes. For these reasons, I believe that the Senate Bill 54 is necessary and should be implemented.
References
Freiberg, A., & Carson, W. G. (2010). The Limits to Evidence ‐ Based Policy: Evidence, Emotion and Criminal Justice1. Australian Journal of Public Administration, 69 (2), 152-164.
Park, M. (2017, April 4). In a Trump-defying move, California's Senate passes sanctuary state bill . Retrieved from http://edition.cnn.com/2017/04/04/politics/california-sanctuary-state- bill-sb-54/index.html
Ulloa, J. (2017, April 13). What you need to know about California's 'sanctuary state' bill and how it would work. Retrieved from http://www.latimes.com/politics/la-pol-sac- sanctuary-state-bill-explained-20170413-htmlstory.html
