California Latino Caucus not letting up on detention center oversight

The California Latino Legislative Caucus is throwing its weight behind legislation that would work to strengthen oversight and accountability for immigration detention centers in the state.

With just four weeks left in the legislative session, the Latino Caucus is calling for the Legislature and governor to approve a series of bills that would tighten oversight of both privately and federally-owned detention centers. Lawmakers allege these centers have been avoiding accountability while committing what the Caucus asserts are human rights violations. 

“We are here to say no more secrecy, no more to the unsafe and inhumane conditions,” said Sen. Lena Gonzalez, chair of the Latino Caucus (D-Los Angeles). “No more to the privately run immigration detention facilities avoiding accountability in California and across the country.”

California is home to eight detention centers, all of which were privately owned until the Department of Homeland Security (DHS) purchased the California City and Otay Mesa centers last month. The department has signaled it intends to purchase more land to operate its own facilities.

A proposed new federal detention facility in Santa Clara County has received significant pushback, including by Assembly Speaker Robert Rivas (D-Salinas), who represents the region.

Gonzalez told reporters Wednesday the Caucus works closely with Attorney General Rob Bonta and believes all of the proposed legislation will hold up in court if it receives federal pushback. She said the Caucus “would hope” the bills apply to every detention center, whether they are federally owned or not.

“The Trump administration is no stranger to our lawsuits in California, so we will continue to push on that front,” Gonzalez said. “Whatever comes our way, we’ll go around it.”

What they’re proposing

The set of bills lawmakers are looking to send to Gov. Gavin Newsom’s desk covers everything from documenting emergency service calls in detention centers to withholding tax dollars from companies with ties to detention facilities or immigration enforcement.

Gonzalez’ SB 423 would amend the Public Records Act (PRA) to allow state and local agencies to disclose records of 911 calls inside detention centers. Any member of the public can submit a PRA request.

Gonzalez pointed to the 52 deaths that have been reported inside detention centers nationwide; in California, six deaths were reported in the past year.

For months, Sen. Sasha Renée Pérez (D-Pasadena) has been rallying support for SB 995, which would direct the California Department of Public Health to conduct inspections to ensure that public health and safety standards are being met in facilities. Operators would be subject to fines of up to $25,000 per violation.

“This is the bare minimum that these facilities should be meeting … we have heard so many stories from all across the state of individuals being denied their basic human rights and being denied access to critical healthcare,” Perez said on the need for the Masuma Khan Justice Act, named after a woman in her district.

Sen. Anna Caballero (D-Merced) is proposing SB 942, a civil bill of rights for individuals in detention centers that would enshrine a right to mental, dental and physical healthcare, functioning toilets and showers and other “basic standards of treatment.”

The Caucus is also pushing tax-related bills from Assemblymembers Liz Ortega (D-East Bay) and Matt Haney (D-San Francisco) that would bar companies who contract with detention center owners or DHS from applying for state grants and tax credits, as well as impose a 50% gross tax on facility operators.

“This is just the beginning of this package for detention centers to shine light on what's next,” Gonzalez said. “Which is more transparency from the Trump administration, which is ensuring that there are enshrined within these detention centers, basic rights.”