CA Bans ICE From Masquerading as “Police Officers” (AB1440)

On July 24, 2017, California Gov. Jerry Brown signed Assembly Bill 1440 (AB1440) into law barring federal authorities from presenting themselves as law enforcement officers in the Golden State.

Assemblyman Ash Kalra, D-San Jose, wrote the bill, Assembly Bill 1440, in hopes of reducing unethical tactics by federal agents. The measure clarifies that U.S. Customs and Immigration Enforcement and Customs and Border Protection agents are not licensed peace officers. Reports of ICE and CBP officers portraying themselves as police officers in an effort to force or coerce cooperation from unwilling residents led to the introduction of AB 1440.

“Under the new federal administration, ICE and CBP are undertaking unprecedented and aggressive tactics to identify, monitor, and detain undocumented immigrants for deportation. This bill sends a clear message – that in California, law enforcement officers are sworn to protect all residents, regardless of their immigration status.” , Assemblyman Kalra said.

Although the Bill was signed, it is a state law, and we all know that federal law pre-empts state law. Therefore, “…This Bill may be viewed as symbolic. However,
as California and the rest of the nation enter into a new reality of aggressive and, at times, deceitful actions undertaken to enforce immigration actions, California must take any and all
necessary actions to disassociate the actions” , Assemblyman Kalra said.