California bill requires remote court appearances due to ICE

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A Southern California lawmaker has introduced a bill that would allow remote court appearances through the end of President Donald Trump’s second term, potentially preventing people from encountering federal immigration enforcement agents at a time when detentions are occurring near churches, schools and courthouses.

It is one of a series of bills introduced this year and passed last year aimed at shaping how federal immigration enforcement plays out in the states as Americans navigate tense and sometimes deadly interactions with federal immigration agents. These include a bill addressing federal immigration enforcement in California schools and a controversial law banning secret police.

Senate Bill 882 is called “Protecting Courts from U.S. Immigration and Customs Enforcement” and was introduced by California Sen. Susan Rubio. She serves a wide swath of Los Angeles and San Bernardino residents as the holder of California’s 22nd Congressional District.n.d. Senate District.

“What we’re seeing now is the federal government asking families to turn themselves in. And as Californians, we have our own court system. We’re asking them to turn themselves in and do the right thing,” Rubio told USA TODAY Network in January. “And when they’re following that due process, the procedures that we have in place, they’re being kidnapped outside of the courthouse.”

‘Feel safe coming forward’: What does the ‘Protecting Courtrooms from ICE Act’ do?

During President Trump’s first term, California lawmakers passed Assembly Bill 668, which states that no person can be subject to civil arrest while attending a court proceeding or practicing law in a court. However, this does not apply to arrests based on valid judicial warrants.

Lawmakers explained the importance of this protection throughout the bill, saying it protects people’s rights and ensures courts have access to critical testimony and other evidence to determine the facts of a case.

Last year, California Chief Justice Patricia Guerrero said she was “deeply concerned” by reports of federal immigration enforcement in California courts and its “potential chilling effect.” He said in a statement that California’s courtrooms must remain “open and accessible to all.”

“Making the courts the focus of immigration enforcement hinders rather than helps the administration of justice by discouraging witnesses and victims from coming forward and individuals from asserting their rights,” California’s chief justice said.

Rubio is a sponsor of a bill to pass in 2021 that would allow people to appear remotely for hearings related to gun violence restraining orders and domestic violence restraining orders. It’s a bill “based on lived experience” and one that benefited from her obtaining a restraining order. But SB 882 is for everyone, Rubio said.

This bill is intended to apply to all parties and witnesses appearing in civil or criminal state court hearings, trials, or conferences through California state courts, such as Superior Court. Sunset will be at the end of January 2029.

Currently, you may be able to appear remotely in civil cases, but there are conditions and exceptions to this. This is scheduled to end in January 2027, according to California regulations.

“Everyone has a right to due process because this will be remote access, everyone has a constitutional right to a process that will give them justice,” Rubio said. “So we want to give families the opportunity to come forward in peace.”

Paris Barraza is a reporter covering Los Angeles and Southern California for the USA TODAY Network. please contact her pbarraza@usatodayco.com.

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