CaliforniaCalifornia law counts former immigration enforcement officers under its peace officer misconduct hiring ban
California Chapter 739 says officers who engaged in immigration enforcement for another state, a territory, or the federal government count as law enforcement officers under the state's ban on hiring peace officers with revoked certification or serious misconduct.
What it does
Former officers who did immigration enforcement for other states, territories, or the federal government fall under the existing ban on hiring peace officers with revoked certification or serious misconduct.
Only if AB 1896 is also enacted first, a second ban starting January 1, 2028 covers former officers or contractors personally engaged in immigration enforcement, unless approved to enter POST basic training.
The changes apply to all cities, including charter cities, and if one part is held invalid, the rest remains.
Argument forCounting officers who worked in immigration enforcement under the same misconduct standard could give California agencies one consistent way to screen applicants from other jurisdictions.
Argument againstThe broad definition of immigration enforcement could shrink the pool of experienced applicants, and the misconduct test depends on judging what would have led to decertification.
More detail
A person previously employed in law enforcement in another state, a U.S. territory, or the federal government is covered by the misconduct disqualification if they engaged in immigration enforcement. Covers people listed in the National Decertification Index or another designated federal database after misconduct, or whose serious misconduct would have led to revocation in California. Immigration enforcement includes efforts to investigate, enforce, or assist with federal civil immigration law and federal criminal laws on presence, entry, reentry, or employment. The text does not by itself bar all former immigration officers. It adds them to the existing misconduct-based disqualification.
If AB 1896 is also enacted and this bill is enacted last, Section 1029 will add a disqualification starting January 1, 2028, for anyone previously employed as a sworn law enforcement officer or individual contractor who was personally engaged in immigration enforcement. A person who is approved to enter a POST basic course under Section 1031.1(g) would not be disqualified. The new paragraph does not restrict sharing or receiving immigration status information with federal authorities under federal law. Both bills must be enacted and effective on or before January 1, 2027. Each bill must amend Section 1029, and this bill must be enacted after AB 1896. The additional disqualification starts January 1, 2028.
The act's provisions are severable. The Legislature finds the changes address a matter of statewide concern, so they apply to all cities, including charter cities. This applies to Section 1029's amendments.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 29Chaptered by Secretary of State - Chapter 739, Statutes of 2026.Latest
- Sep 29Approved by the Governor Gavin Newsom.Became Law
- Sep 9Enrolled and presented to the Governor at 1 p.m.To Governor
- Aug 31
- Vote recorded AB 1627 Ávila Farías Concurrence in Senate Amendments. Result: pass.Lower
- Aug 30Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 57. Noes 16. Page 6910.).Major
- Vote recorded 3rd Reading AB1627 Ávila Farías et al. By Arreguín. Result: pass.Upper
- Aug 30In Assembly. Concurrence in Senate amendments pending.
- Aug 30Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 10.).Passed Senate
- Aug 27Read second time. Ordered to third reading.Minor
- Aug 26Read third time and amended. Ordered to second reading.Major
- Jun 25Read second time. Ordered to third reading.Minor
- Jun 24Ordered to second reading.Minor
- Jun 24Withdrawn from committee.Major
- Jun 24From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 23). Re-referred to Com. on APPR.Minor
- Jun 23
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Jun 10Referred to Com. on PUB. S.Minor
- May 28In Senate. Read first time. To Com. on RLS. for assignment.Minor
- May 27Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 17. Page 5437.)Passed Assembly
- Vote recorded AB 1627 Ávila Farías Assembly Third Reading. Result: pass.Lower
- May 7Read second time. Ordered to third reading.Minor
- May 6From committee: Do pass. (Ayes 10. Noes 4.) (May 6).Minor
- Vote recorded Do pass. Result: pass.Lower
- Apr 27Re-referred to Com. on APPR.Minor
- Apr 23Read second time and amended.Major
- Apr 22From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 21).Major
- Apr 21
- Vote recorded Do pass as amended and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Apr 16Re-referred to Com. on PUB. S.Minor
- Apr 15From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.Major
- Apr 14In committee: Set, first hearing. Hearing canceled at the request of author.
- Apr 13(Pending re-refer to Com. on ED.)Minor
- Apr 13Assembly Rule 56 suspended. (Page 4581.)
- Apr 8Re-referred to Com. on PUB. S.Minor
- Apr 7From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.Major
- Mar 26Re-referred to Coms. on PUB. S., P. E. & R., and ED.Minor
- Mar 26Pursuant to Assembly Rule 96:
- Mar 25In committee: Set, first hearing. Hearing canceled at the request of author.
- Mar 23Referred to Coms. on P. E. & R., PUB. S. and ED.Minor
- Jan 27From printer. May be heard in committee February 26.
- Jan 26Read first time. To print.Introduced
Criminal JusticeImmigration