California Democrats have new plans for confronting ICE: Taxes, lawsuits and location bans

California Democratic senators advanced a measure Tuesday that would make it easier for people to sue federal agents over civil rights violations, a bill shaped by fears of the Trump administration’s immigration enforcement practices.

The bill from Sens. Scott Wiener and Aisha Wahab, both Bay Area Democrats, took on additional significance after federal agents gunned down Alex Pretti, a U.S. citizen and ICU nurse, in Minnesota last weekend. Senators discussed the measure on the floor for more than 90 minutes before voting along party lines, 30 to 10, to send it to the Assembly.

“It’s a sad statement on where we are in this country that this has to be a partisan issue,” Wiener said just before the vote on his bill, which is also known as the “No Kings Act”. “Red, blue, everyone has constitutional rights. And everyone should have the ability to hold people accountable when they violate those rights.”

It’s among several bills lawmakers are moving forward in the new year to confront an escalation of aggressive immigration enforcement tactics and to protect immigrant communities. They include bills that would tax for-profit detention companies, prohibit law enforcement officers from moonlighting as federal agents and attempt to curb courthouse arrests.

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Those efforts follow a slate of legislation signed into law by Gov. Gavin Newsom last year to resist the Trump administration’s mass deportation campaign in California, including a first-in-the nation measure to prohibit officers from wearing masks and others that limit their access to schools and hospitals.

While some of those laws are facing legal challenges, the new batch of proposals offer “practical solutions that are squarely within the state’s control,” said Shiu-Ming Cheer, deputy director at California Immigrant Policy Center.

Here’s a look at some of the key bills lawmakers are considering:

No moonlighting as a federal agent

Assemblymember Isaac Bryan, a Democrat from Culver City, authored a bill that would prohibit law enforcement from taking a side job as a federal immigration agent.

At a press conference in San Francisco earlier this month, Bryan said the measure is especially timely as the federal administration ramps up its recruitment of California’s local law enforcement.

“We don’t collaborate in the kidnapping of our own community members, but there is a loophole in state law,” he said. “While you can’t collaborate with ICE while you are working in your police shift, you can take a second job with the Department of Homeland Security. And I don’t think that that is right.”

In an interview with CalMatters, he said the legislation is intended to bring transparency and accountability, and to close that loophole.

“The federal administration has created not just a secret police but a secret military at the expense of health care, social safety nets, and key benefits that the American people need and rely on to make it through the day,” said Bryan. “All of those resources have been rerouted to the unaccounted militarized force patrolling our streets and literally killing American citizens.”

Keep ICE awy from courthouses

Sen. Eloise Gómez Reyes, a Democrat from San Bernardino, introduced legislation to prevent federal immigration agents from making “unannounced and indiscriminate” arrests in courthouses.

“The issue is clear cut,” said Gómez Reyes in a statement. “One of the core responsibilities of government is to protect people — not to inflict terror on them. California is not going to let the federal government make political targets out of people trying to be good stewards of the law. Discouraging people from coming to court makes our community less safe.”

The legislation was introduced nearly two weeks after a federal judge ordered that the U.S. Justice Department halt civil arrests in immigration courts across Northern California, ruling that its deportation policies hadn’t addressed the “chilling effects, safety risks, and impacts on hearing attendance.”

Efforts to bolster protections in California courthouses have also been championed by Sen. Susan Rubio, a Democrat from West Covina, who introduced a bill that would allow remote courthouse appearances for the majority of civil or criminal state court hearings, trials or conferences until January 2029.

Taxing detention centers

Assemblymember Matt Haney, a Democrat from San Francisco, introduced a bill that would place a 50% tax on profits from immigration detention centers. Over 5,700 people are being held in seven immigration detention centers across California, three of which are located in Kern County.

Escalating 'resistance'

Cheer, of California Immigrant Policy Center, said the early introduction of the bills demonstrates more urgency from the state Legislature to tackle issues around immigration enforcement.

“My hope for this year is that the state can be as bold and innovative as possible seeing the crisis communities are facing from immigration enforcement,” she said.

That means ensuring funding for attorneys to represent people facing deportation, addressing existing gaps in state laws around information sharing with the federal government, and looking into companies that are directly profiting from the business of arresting and deporting people, Cheer said.

Republicans have criticized the measures, which they characterize as overstepping on federal priorities.

"No one likes to see what’s happening in Minnesota. No one wants to see that coming to California," said Sen. Tony Strickland, a Republican representing Huntington Beach. Instead, he argued, cities and states should jettison their so-called "sanctuary" policies that hamper coordination between local law enforcement and federal immigration authorities.

He also criticized Democrats for taking precious Senate time to prepare for hypothetical scenarios rather than addressing existing problems in California.

“At the end of the day, we have a lot of serious issues here in California, and we need to start focusing on California-specific issues.”

Kevin Johnson, an immigration law professor and former dean of the UC Davis School of Law, said state and local governments are trying to figure out how far to go in resisting federal immigration enforcement given Trump’s threats to pull funding from sanctuary jurisdictions.

“While there’s concern and fear in immigrant communities, there’s some solace being given by the support expressed by state and local officials,” he said. “As the Trump administration escalates its aggressive deportation tactics across the nation, California has escalated its resistance.”

CalMatters reporter Wendy Fry contributed to this story.

Cayla Mihalovich is a California Local News fellow.

This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.