October 9, 2013: Late last week, California governor
Jerry Brown signed one of the most sweeping immigration bills in the nation's
history, allowing undocumented immigrants to become lawyers, prohibiting law
enforcement from "detaining" people charged with minor crimes (commonly
known as ICE holds), and making it a crime for employers to threaten to report
someone's immigration status. And just the previous day, the governor also
signed a law allowing undocumented workers to get their California drivers
licenses.
"While Washington waffles on immigration,
California's forging ahead" Brown stated in response to the federal
government's lackluster progress on comprehensive immigration reform.
As expected, critics of the new laws were quick to
point out that the bill would send the wrong signals to those seeking to enter
the country unlawfully. "It's sending the wrong message to the world"
said Robin Hvidston, Executive Director of We the People Rising. "This is
a message to the global community to come to the state of California illegally
and you will get documentation and protection."
Immigrant rights activists saw things differently
however. "Today marks the dawn of a new era in California's immigrant
communities", said Reshma Shamasunder, Executive Director of California
Immigrant Policy Center.
Among other provisions of the law are new
protections for those that use the services of immigration law professionals in
gaining legal status, a measure that was seen by some immigration attorneys as
actually hindering immigrant rights by placing more burdens on practitioners.
But the major impact of the law will be felt by
those who come into contact with law enforcement. Under the federal
government's "Secure Communities" program, Immigration and Customs
Enforcement (ICE) "request" that local law enforcement
"hold" undocumented immigrants (prior to their release) for up to 48
hours so ICE can make a determination on whether to take the person into
federal immigration custody. But the "Secure Communities" program had
the effect of deporting many low-level criminal offenders, much to the anguish
of immigrant rights activists. From now on however, only those individuals
charged with violent felonies or certain crimes would be subjected to an ICE
hold.
Stay tuned to this blog to see how the law plays out and to find out the
latest on comprehensive immigration reform. And if you need to speak to an experienced
and trusted Orange County immigration attorney, please visit www.kpimmigrationlaw.com or
call 949-440-3240.
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