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Assemblywoman Wendy Carrillo Advances Legislation To End Unfair Double Standards in the Justice System Targeting Immigrants

For immediate release:
Wendy Carrillo (AD-52)

SACRAMENTO, CA - On Tuesday, April 11th, 2023, Assemblywoman Wendy Carrillo (D-Los Angeles) announced the advancement of  AB 1306 (Carrillo), the HOME Act (Harmonizing Our Measures for Equality), through the Assembly Public Safety Committee, marking a positive milestone for a bill that would abolish the unjust double standards targeting immigrants in California’s justice system. The HOME Act would enact measures to restrict the California Department of Corrections and Rehabilitation (CDCR) from transferring individuals leaving incarceration to immigration authorities if they have also benefited from recent resentencing, or been granted parole and/or compassionate release. The bill is supported by a broad coalition of advocates and legislators, and is a simple fix that will harmonize state policy with existing criminal justice reforms that have already been enacted into law. 

As the Assembly’s leading advocate for the ending of a dual system of justice that unfairly extends the punishments of immigrants, and author of last year’s VISION Act, Assemblywoman Carrillo remains fully devoted to the mission of achieving equity for immigrants and refugees: 

“It is long overdue for us to put an end to the dual system of justice in California; a system which double-punishes immigrants and refugees for the same crimes, only because of their country of birth.” said Assemblywoman Carrillo. “I am tired of seeing members of our community subjected to such an outrageous and unjust double standard, who after having served their time and paid their debt to society, are denied the right to come home, restart their lives, and be with their families. Despite fulfilling every single prerequisite to qualify for parole, immigrants and refugees are denied the opportunity to reintegrate into their communities, for no reason other than their status as an immigrant, or a refugee.”

Assemblywoman Wendy Carrillo, joined by legislators and advocates, announced the launch of the HOME Act (AB 1306)
Assemblywoman Wendy Carrillo, joined by legislators and advocates, announced the launch of the HOME Act (AB 1306)

“Long established is the idea that there should be avenues for those whose convictions were tainted by racial bias, or those who were convicted under statutes that we have reformed, to have a new day in court. If our goal is to sincerely align state policies with the long-established truths that we have come to recognize, it is imperative that we advance and pass the HOME Act. Countless are the stories of community members harmed by ICE transfers from CDCR who would have benefited if the HOME Act had already been in place; community members whose potential to contribute to society is not dampened by their status as an immigrant. We have here with us today, Sandra Castaneda, who despite having her conviction overturned by a judge, was transferred by CDCR to ICE where she spent over a year in ICE detention. That’s not justice. That’s not equality. That’s NOT California.”

AB 1306 falls in line with broadly established and supported state initiatives reducing mass incarceration and addressing racism in our legal systems. In spite of this, California’s state prison system continues to transfer immigrant community members who earn release under these reforms to ICE for detention and deportation, a cruel extension of punishment that devastates families and communities. The HOME Act would create parity for all Californians who earn release under these reforms.

Additional Quotes:

Assemblymember Kalra (D-San José): “Transferring Californians who have completed their sentences in prison or jail to ICE detention is a cruel double-punishment that disproportionately targets black and brown communities, including the API community. Southeast Asian refugees have been especially impacted by mass incarceration and deportation—they're 3 to 4 times more likely to face deportation for past convictions than other immigrant communities. Now is the time to challenge the systemic racism that has inflicted tremendous suffering on families across our state.”

Senator Steven Bradford (D-Gardena): “I am honored to join Assemblywoman Wendy Carrillo in support of the HOME Act, AB 1306. We should not have a double standard here in California. If you’ve served your time and you’re eligible for release, then that should happen. Our Department of Corrections should not be in cahoots with ICE. These Californians should be allowed to go home to their families and be contributing members of society. We all deserve second chances, and that’s what this bill is all about.”

Assemblymember Alex Lee (D-Milpitas): “People who have been rehabilitated, who want to atone, and who want to give back, should be given that chance to go home, and home is California.” It’s not back in Asia, Europe, or any other continent where people are sometimes sent after they should have been allowed to return home. In representing a largely Asian-American district, I’m struck by the stories in which we’ve had to intervene, and ask for pardons for folks who could be transferred to ICE, who perhaps were born in Cambodia, but have grown up and lived the entirety of their lives in California. Sending them back to Southeast Asia, or anywhere else, is cruel, and it should not be the case. This ought to be a no-brainer for California, a place where we celebrate and embrace diversity as our greatest strength.”

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Assemblywoman Carrillo was elected to serve in the State Assembly in December 2017. She represents the 52nd Assembly District, which includes the City of Los Angeles and South Glendale. She serves as the Chair of the Budget Subcommittee No. 4 on State Administration, in addition to the Assembly Committees on Appropriations, Health, Housing and Community Development, Utilities and Energy, Budget Subcommittee No. 6 on Budget Process, Oversight and Program Evaluation, and the Joint Committees on Legislative Budget, and Climate Change Policies. She also serves as the Chair of the Select Committee on Latina Inequities, Vice Chair of the Legislative Progressive Caucus, as a Commissioner for the California Film Commission and serves on the California Cultural and Historical Endowment Board.