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| California Trust Act | |
|---|---|
| Name | California Trust Act |
| Enacted by | California State Legislature |
| Signed by | Jerry Brown |
| Date signed | 2013; expanded 2014, 2017 |
| Jurisdiction | California |
| Related legislation | Immigration Reform and Control Act of 1986, Secure Communities, 287(g), Deferred Action for Childhood Arrivals |
California Trust Act The California Trust Act is state legislation that limits cooperation between California local law enforcement agencies and U.S. Immigration and Customs Enforcement by restricting civil immigration detainers and requiring local policies for immigrant-related contacts. It was intended to protect public safety, promote trust between immigrant communities and law enforcement, and clarify Sanctuary city-style practices across jurisdictions such as Los Angeles County, San Francisco, and Sacramento County. The Act intersects with federal programs like Secure Communities and administrative actions such as Deferred Action for Childhood Arrivals, shaping debates among actors including the American Civil Liberties Union, California Police Chiefs Association, and the California State Sheriffs' Association.
The Trust Act emerged amid debates over Secure Communities and the federal Immigration and Nationality Act, with high-profile incidents—such as detentions in Elk Grove and lawsuits involving Cesar Chavez Boulevard arrests—fueling calls for reform. Advocates including ACLU of Northern California, Asian Law Caucus, and California Immigrant Policy Center argued that honoring federal immigration detainers violated constitutional protections recognized in decisions like Alfredo Garcia v. County-type litigation and eroded cooperation with agencies such as Los Angeles Police Department and San Francisco Police Department. Opponents including the California State Sheriffs' Association and some County Board of Supervisors officials contended that limiting cooperation could hinder enforcement aligned with federal priorities articulated by the Department of Homeland Security.
Introduced after grassroots campaigns in the early 2010s, the Trust Act passed the California State Assembly and California State Senate in 2013 and was signed by Governor Jerry Brown. Subsequent amendments and companion bills expanded scope in 2014 and 2017, addressing issues once raised in hearings involving U.S. House Judiciary Committee members and state lawmakers like Alicia Berberian-style sponsors. Major legislative milestones included debates with proponents from SEIU United Service Workers West and opponents such as the National Sheriffs' Association, and reconciliation between versions in the Legislative Analyst's Office reviews and committee markups. The Act built on prior local ordinances in San Francisco and Berkeley and anticipated interplay with executive actions from President Barack Obama on enforcement priorities.
Core provisions limited honoring ICE detainer requests without judicial warrants, required written policies governing immigrant contacts, and restricted transfers for civil immigration enforcement. Amendments clarified compliance requirements for agencies participating in federal programs like 287(g), outlined notification duties for individuals in custody, and established record-keeping standards used by courts in cases similar to People v. DeJesus-type litigation. The law also set standards for voluntary information sharing with agencies such as U.S. Customs and Border Protection when public safety or court orders mandated cooperation, while protecting due process rights referenced in decisions like Reno v. American-Arab Anti-Discrimination Committee.
Implementation required county jails, municipal police, and regional agencies—ranging from Orange County Sheriff’s Department to San Diego Police Department—to adopt written policies and training consistent with the Act. Compliance reviews were conducted by state entities and civil rights organizations such as Advancement Project and led to policy changes in large systems like Los Angeles County jails and Santa Clara County detention centers. Enforcement relied on litigation in state and federal courts, administrative complaints filed with agencies including the California Department of Justice, and oversight by local boards like county supervisors or city councils in places such as Oakland and Long Beach.
The Trust Act influenced reductions in honoring immigration detainers in numerous jurisdictions, affected arrest-to-deportation pipelines in metropolitan areas like Los Angeles and San Francisco Bay Area, and contributed to a patchwork of policies across counties such as Riverside County and Fresno County. Studies by academic institutions associated with University of California, Berkeley and policy analyses from Public Policy Institute of California documented changes in reporting by immigrant communities and shifts in law enforcement priorities. The law also informed litigation outcomes in federal courts and inspired similar measures in other states and localities, interacting with federal enforcement trends under administrations including Barack Obama and Donald Trump.
Critics argued the Act created public-safety risks, citing instances publicized by organizations like the California Peace Officers' Memorial Foundation and some district attorneys. Legal challenges questioned preemption under the Supremacy Clause and sought injunctive relief, producing cases in federal district courts and appeals courts involving plaintiffs such as county sheriffs and the U.S. Department of Justice. Plaintiffs and defendants invoked precedents from cases like Arizona v. United States to argue federal authority over immigration, while civil rights groups defended the state’s ability to regulate local participation in federal enforcement.
Supporters included immigrant-rights groups United We Dream, labor unions like SEIU Local 2015, municipal leaders in San Francisco and Los Angeles, and academics from Stanford Law School and UC Berkeley School of Law. Opponents ranged from the California State Sheriffs' Association and some law-enforcement unions to certain county supervisors and federal officials in the Department of Homeland Security. Advocacy organizations, civic coalitions, and law firms engaged in litigation and public education campaigns, while municipal governments across California adjusted ordinances and memoranda of understanding to align with the statute.