AB 739

Under this bill, no official, employee, or agent of a state agency or other body in state government or a local governmental unit, including any law enforcement officer, may aid in the detention of an individual if the individual is being detained on the sole basis that the individual is or is alleged to be not lawfully present in the United States. The bill does not prohibit any state or local government official from providing access to any place or facility as required pursuant to a properly executed judicial warrant.

Additionally, under current law, the federal attorney general may enter into agreements with states or political subdivisions within states to perform certain immigration enforcement activities at the expense of the state or political subdivision and to the extent consistent with state and local law. This is permitted under section 287(g) of the federal Immigration and Nationality Act, codified in 8 USC § 1357 (g), and these agreements are colloquially known as 287(g) agreements. The bill prohibits state agencies or other bodies in state government and local governmental units, including any law enforcement agencies, from entering into 287(g) agreements or continuing existing 287(g) agreements.