June 29, 2017

Ms. Tracey Trautman
Acting Director
Bureau of Justice Assistance
Office of Justice Programs
810 Seventh St., NW
Washington, DC 20531
RE: SUBMISSION OF COMPLIANCE VALIDATION – 8 U.S.C. § 1373
I, the undersigned, pursuant to Special Condition #551 of the Bureau of Justice Assistance
award # 2016-DJ-BX-0446, submit this validation that the Board of State and Community
Corrections (hereafter the “BSCC” or “Board”) as recipient of the award complies with Section
13732 of Title 8 of the United States Code (hereafter Section 1373).
1

Special Condition #55 provides:

The recipient agrees to undertake a review to validate its compliance with 8 U.S.C § 1373. If the recipient
determines that it is in compliance with 8 U.S.C § 1373 at the time of review, then it must submit documentation
that contains a validation to that effect and includes an official legal opinion from counsel (including related legal
analysis) adequately supporting the validation. If the recipient determines that it is not in compliance with 8 U.S.C.
§ 1373 at the time of review, then it must take sufficient and effective steps to bring it into compliance therewith
and thereafter submit documentation that details the steps taken, contains a validation that the recipient has come
into compliance, and includes an official legal opinion from counsel (including related legal analysis) adequately
supporting the validation. Documentation must be submitted via GMS to BJA by June 30, 2017. Failure to comply
with this condition could result in the withholding of grant funds, suspension or termination of the grant, ineligibility
for future OJP grants or subgrants, or other administrative, civil, or criminal penalties, as appropriate.
2

Section 1373 provides:

(a) In general
Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or
official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from,
the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or
unlawful, of any individual.
(b) Additional authority of government entities
Notwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any
way restrict, a Federal, State, or local government entity from doing any of the following with respect to
information regarding the immigration status, lawful or unlawful, of any individual:
(1) Sending such information to, or requesting or receiving such information from, the Immigration and
Naturalization Service.

 The BSCC is the supervisory board of the state planning agency that administers the
Edward Byrne Memorial Justice Assistance Grant Program. Cal. Penal Code § 6024(d) & (f).
The Board, established in 2012, is an independent statutory agency that provides leadership to
the adult and juvenile criminal justice systems, expertise on Public Safety Realignment issues,
a data and information clearinghouse, and technical assistance on a wide range of community
corrections issues. Cal. Penal Code §§ 6024 & 6025. In addition, the BSCC promulgates
regulations for adult and juvenile detention facilities, conducts regular inspections of those
facilities, develops standards for the selection and training of local corrections and probation
officers, and administers significant public safety-related grant funding. Cal. Penal Code §§
6024-6033. None of the policies adopted by the Board or the regulations regarding the operation
of adult and juvenile local detention facilities prohibit or in any way restrict the sharing of
citizenship or immigration status information with the federal government. Nor has the Board
issued formal or informal guidance prohibiting or restricting in any way such information sharing.
Consequently, the Board is in compliance with Section 1373.
More broadly, there are no state laws of general application that violate Section 1373.
Some have suggested that California’s “TRUST Act” and “TRUTH Act” codified at Penal Code
sections 7282 and 7282.5 and 7283 through 7283.2, respectively, create tension with Section
1373. Not so. The TRUST Act merely defines the situations where California local law
enforcement officials may hold a person who is otherwise eligible to be released from custody
pursuant to a federal immigration hold.3 Cal. Penal Code § 7282.5. Nothing in section 7282.5
prohibits communication with the federal government regarding the citizenship or immigration
status of persons for whom the federal government has requested an immigration hold. Section
1373 does not specifically address restrictions by state or local entities’ cooperation with ICE
regarding detainers. Moreover, civil immigration detainers are voluntary. See Galarza v,
Szalczyk et al., 745 F.3d 634 (3rd Cir. 2014) and Miranda-Olivares v. Clackamas County, 2014
WL 1414305 (D. Or. 2014). Given that Section 1373 does not reference detainer requests, and
Penal Code sections 7282 and 7282.5 do not prohibit or restrict communication with federal
officials regarding the citizenship or immigration status of an individual, the TRUST Act does not
implicate, let alone run afoul of Section 1373.
The TRUTH Act, sections 7283 through 7283.3, effective January 1, 2017, requires local
law enforcement agencies to provide individuals with consent forms prior to being interviewed
by the Department of Homeland Security, Immigration and Customs Enforcement (ICE). Cal.
Penal Code § 7283.1. The written consent form is required to explain the purpose of the
interview, that the interview is voluntary, and that a person may decline an interview or may have
an attorney present. Ibid. In addition, local law enforcement must provide individuals in custody

(2) Maintaining such information.
(3) Exchanging such information with any other Federal, State, or local government entity.
(c) Obligation to respond to inquiries
The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government
agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction
of the agency for any purpose authorized by law, by providing the requested verification or status information.
3
“Immigration hold” is defined as an immigration detainer issued by an authorized immigration officer, pursuant to
Section 287.7 of Title 8 of the Code of Federal Regulations, that requests that the law enforcement official to
maintain custody of the individual for a period not to exceed 48 hours, excluding Saturdays, Sundays, and
holidays, and to advise the authorized immigration officer prior to the release of that individual. Cal. Penal Code §
7282(c).

 with any copy of an “ICE hold, notification, or transfer request” and notify the individual whether
the local law enforcement agency intends to comply with the hold, notification, or transfer
request. Ibid. All records related to, and communication with ICE, are considered public records
within the meaning of California’s Public Records Act. Ibid. While these provisions ensure
certain protections for persons in the custody of local law enforcement, they do not prohibit or in
any way restrict the sharing of citizenship or immigration status information between local entities
and federal immigration enforcement officials. On the contrary, the interactions between ICE
and locally detained persons presupposes communication between local officials and the federal
government regarding the immigration status of persons in custody. As such, Section 1373 is
not violated by Penal Code sections 7283 through 7283.2.
Conclusion
Based on my review and the foregoing analysis, and without waiving any right to
challenge a negative determination, I affirm that the Board of State and Community Corrections
is in compliance with Section 1373.
Respectfully Submitted,

Original signed by

AARON R. MAGUIRE
General Counsel
Board of State and Community Corrections