ACLU NorCal v. CDCR (PRA seeking CDCR / ICE collaboration materials)

In September 2022, the ACLU submitted California Public Records Act (CPRA) requests to the California Department of Corrections and Rehabilitation (CDCR) seeking information to understand the scope of CDCR’s collaboration with U.S. Immigration and Customs Enforcement (ICE). The CPRA request asked for records related to CDCR’s policies regarding immigration holds or detainers and communications between CDCR and ICE. Although CDCR initially produced a few hundred responsive records, it failed to provide the full universe of responsive records. The initial documents revealed disturbing practices such as an eagerness on the part of CDCR to assist ICE in its operations (including evidence that CDCR takes the initiative to make ICE aware of the release dates of people in state custody, without prompting from ICE), and CDCR’s referral of people to ICE even when its own records indicate that the individual was born in the United States. 

The ACLU made multiple follow-up efforts asking CDCR to comply with its legal obligation to disclose records, but CDCR ignored attempts to informally resolve this issue. As a result, on February 15, 2023, the ACLU filed suit, seeking a writ of mandate directing CDCR to provide the ACLU with all requested records not subject to lawful exemptions. On September 19, 2023, the Court granted the writ of mandate. CDCR continues to produce documents per the terms of that order.