Will CA ballot proposition mean more deportations?

With proponents of Proposition 36 raising nearly $15 million so far — about three times as much as its opponents — and 71% of likely voters in support, it appears the statewide ballot measure will pass in November.

And that’s exactly what immigrant rights advocates are worried about.

As CalMatters’ Wendy Fry explains, Prop. 36 would increase penalties for some drug and theft crimes by allowing prosecutors to use prior convictions to impose stricter and longer sentences. 

For immigrants with prior convictions, this could mean a simple drug possession charge being bumped up in immigration court to an “aggravated felony.” And that could lead to deportation, with no chance at reentering the U.S., says Grisel Ruiz, a supervising attorney with the Immigrant Legal Resource Center. In a state where nearly half of all children have at least one immigrant parent, Prop. 36 could have life-altering effects for families and communities. 

Ruiz: “It is not an understatement to say that if Prop. 36 passes, more Californians, including green-card holders, including refugees, will be deported. The impacts will be pretty disastrous.” 

But Prop. 36 supporters — who include law enforcement groups, district attorneys and some Democrats — argue that these concerns are overblown.

Jeff Reisig, Yolo County district attorney: “The immigration argument to me is just a red herring because DA’s already have a proven track record of working to mitigate unreasonable immigration consequences.”

Prop. 36 proponents also argue it could help curb California’s crime and drug abuse rates by steering offenders to treatment programs (though critics cast doubt on whether counties have the treatment capacity to do this). But Prop. 36 opponents argue that immigration courts rarely consider felonies that have been dismissed by a state criminal court due to an offender completing rehabilitative treatment.

Prop. 36 critics — who include Gov. Gavin Newsom, Democratic legislative leaders and criminal justice advocates — argue that it would push California back toward mass incarceration. 

An analysis by the nonpartisan Legislative Analyst’s Office estimates that Prop. 36 would increase the state’s prison population of 90,000 by “a few thousand.” But a study by the nonprofit Prison Policy Initiative, a criminal justice think tank and advocacy group, estimates the population would rise by 35%, or to more than 130,300, by 2029.

Learn more about how Prop. 36 could affect California immigrants in Wendy’s story.

From CalMatters California local news fellow Cayla Mihalovich:

The California Department of Corrections and Rehabilitation allowed a high-ranking administrator to return to work despite findings of egregious misconduct against a subordinate, according to a rare standalone report issued last week by an independent agency that oversees the department’s disciplinary process and internal investigations.

The report marked the first time in three years that the Office of Inspector General called out the state prison system over an individual case. It normally publishes roundups of health care issues, use of force incidents and disciplinary updates.

The inspector general on Oct. 17 issued the so-called sentinel report criticizing the department’s decision to settle a disciplinary case against the administrator despite findings that he should be dismissed over substantiated claims of sexual harassment, racism and intimidation.

He reportedly used crude language when he spoke with a subordinate female manager, made sexual remarks and intimidated her. “He told the manager that he ‘owned’ her because she was still on probation and warned that she had ‘better do what (he said),’” the report said.

The unnamed administrator appealed his discipline to the State Personnel Board. Instead of firing him, the department settled the case by suspending him for 11 months and demoting him to correctional officer.

The Office of Inspector General said the department “should not have settled a dismissal case supported by overwhelming evidence.” 

The report: “The modern workplace should be a safe environment in which employees can labor without fear of harassment, bigotry, or retaliation. If these decisions were intended to eliminate any future harm or liability to the department through settlement, then the settlement was deeply flawed.” 

In his response, Corrections Secretary Jeff Macomber noted that the alleged conduct was egregious, but maintained that the discipline was appropriate. 

Macomber: “The Department’s mission includes rehabilitation of individuals who have committed serious criminal acts in an effort to make them productive members of society. It is incongruous that the Department would not also seek to rehabilitate employees when it believes it could do so.”

Kern County supervisors unanimously approved Monday the state’s first carbon capture project — despite warnings from residents and environmental justice groups that it will emit harmful air pollution.

As CalMatters climate reporter Alejandro Lazo explains, California Resources Corp., the state’s largest oil and gas producer, is one step closer to injecting millions of tons of carbon dioxide into two underground reservoirs in an oil and gas field in western San Joaquin Valley.

Proponents say it will bury climate-warming emissions underground as California tries to meet its 2045 goal to be carbon neutral. It will also enable Kern County residents employed by the oil and gas industry to keep their jobs.

Francisco Leon, CEO of California Resources Corp.: “The state of California wants an energy transition. This is how you do it. … We’re ready to go.”

But critics question whether the technology reduces greenhouse gases by a significant amount. They argue the project buoys fossil fuel companies, while allowing oil fields and power plants to emit toxic pollution into communities.

Ileana Navarro, a community organizer with the Central California Environmental Justice Network: “Carbon Terra Vault will incentivize new polluting infrastructure throughout Kern County. This will not clean our air.”

The U.S. Environmental Protection Agency still needs to sign off on the project, which could take at least three years to construct. Meanwhile, federal officials are considering 13 other carbon capture proposals in California, most of which are in the Central Valley.

Read more about the carbon capture project in Alejandro’s story.

After failing to negotiate a contract, more than 2,400 Kaiser Permanente mental health care workers in Southern California kicked off their strike Monday. They’re seeking higher wages and more time to complete patient care duties. Learn more from on the ground from CalMatters California local news fellow Joe Garcia.