Santa Clara Law Digital Commons

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  California Divided: The Restrictions and Vulnerabilities in Implementing SB 54, 26 Asian Am. L.J. ___ (forthcoming in 2019).

  Nicholas Pavlovic and Jerome Ma

  United States Immigration and Customs Enforcement (“ICE”) significantly relies on state and local personnel and resources to carry out enforcement of immigration law. California Senate Bill 54 (“SB 54”), the “California Values Act,” is California’s attempt to disentangle local law enforcement from federal civil immigration enforcement.

  This Article offers an in-depth evaluation of SB 54’s mechanics; identifies vulnerabilities that exist despite SB 54 and potential means for law enforcement agencies (“LEAs”) to combat these issues; and comments on how local individual LEAs and the California Department of Corrections and Rehabilitation have chosen to exercise the discretion to comply (or not comply) with immigration hold/detainer requests from the federal government, as well as information and data-sharing requests, within the framework of SB 54. The constitutionality of SB 54 is not the focus of this Article, rather, the focus is on the myriad of issues implicated in California's attempts to restrict cooperation and communication with federal immigration enforcement. SB 54 provides a strong framework for accomplishing these goals, but nonetheless remains vulnerable to exploitation, such as LEAs making release dates publicly available, and falls short in addressing overarching issues such as ICE access to law enforcement databases. †

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  DREAMcatcher: How California Can Protect Its DACA Recipients’ Work Authorization

  Eddie Corona and Kyle Heitmann

  This memorandum details the legal means by which the State of California may enact work authorization for DACA recipients in the event the program is rescinded. Using similar, previous state-level initiatives as inspiration, this memo examines the parameters constraining possible legislative action. Because work authorization is federally regulated, these constraints include preemption and supremacy clause limitations on state and local lawmaking. This means that, if DACA is rescinded, California could pass a law allowing former recipients to continue working. However, because of the Supremacy Clause, California would need permission from the federal government to implement the bill. After explaining the legal parameters of such a law, this memorandum will offer draft model legislation. Furthermore, this memo identifies and analyzes pre-existing work protections for undocumented immigrants in California and discusses how the State can better strengthen and publicize these permissions. While these protections are not solely for DACA recipients, they may provide DREAMers with enhanced opportunities to preserve their livelihoods. Essentially, although the Immigration Reform and Control Act (“IRCA”) prevents employers from hiring unauthorized non-citizen workers, its application does not necessarily extend to undocumented immigrants themselves. This leaves two methods by which unauthorized non-citizens may work in the United States: (1) in a self-employed capacity, or (2) as an independent contractor. California could strengthen these approaches by implementing certain polices, such as prohibiting inquiries into an independent contractor’s immigration status and broadening the scope of the State’s employment discrimination laws. Finally, California can better publicize these protections by collaborating with immigration interest groups to educate both employers and DACA recipients about the scope of non-citizens’ legal right to work.

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  Navigating Graduate School: Resource Guide for Undocumented Students

  Sheila Cook and Iva Gaylord

  This guide will detail the legal and practical concerns of undocumented students who are contemplating or currently pursuing a graduate school education. Each section is divided into important milestones that occur during the graduate school process. Topics addressed include the application process, accessing financial aid, transportation, employment, taxes and resources for support. The focus of this guide is to provide insight and recommendations to the undocumented population in relation to graduate school and life after graduation. Extensive guides and resources currently exist for undocumented students who have received DACA protection, equivalent resources and guides are scarce for undocumented graduate students who do not have DACA protection. Thus, the bulk of this guide is tailored to those without DACA status.