Opinion No. (2001)

BILL LOCKYER Attorney General ANTHONY S. DA VIGO Deputy Attorney General THE HONORABLE LOU CORREA, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following questions: 1. Are the mandatory provisions of Penal Code section 834b concerning cooperation, verification, and notification with respect to persons arrested who are suspected of being present in the United States in violation of federal immigration laws subject to enforcement by local law enforcement officers? 2. May a local law enforcement officer, during a detention of a Spanish- speaking person for otherwise valid purposes, question the person as to his or her immigration status? 3. May an arrested person's immigration status be investigated by local law enforcement officers prior to arraignment? CONCLUSIONS 1. The mandatory provisions of Penal Code section 834b concerning cooperation, verification, and notification with respect to persons arrested who are suspected of being present in the United States in violation of federal immigration laws are not subject to enforcement by local law enforcement officers. 2. A local law enforcement officer, during a detention of a Spanish-speaking person for otherwise…