Prevents former ICE agents with history of misconduct from becoming law enforcement officers in California

Claims participating in ICE operations during Trump’s 2nd term “demonstrates an immorality”

Could be challenged in court, deemed unconstitutional

By Allen D. Payton

On Tuesday, Sept. 29, 2026, Governor Gavin Newsom signed into law AB 1627, the Misconduct Ends Law-enforcement Trust Act of 2026 (MELT ICE) by Assemblywoman Anamarie Ávila Farías (D-Martinez), which disqualifies officers employed by U.S. Immigration and Customs Enforcement (ICE) from being employed as a peace officer in California, if they “engaged in serious misconduct that would have resulted in their certification being revoked…if employed as a peace officer in this state.”

The Assemblywoman represents portions of Contra Costa County in the State Assembly’s 15th District.

While the law makes clear that existing police hiring rules covering serious misconduct by former law enforcement officers now, also apply to officers involved in immigration enforcement, it applies even if the ICE officer was not found guilty of misconduct in their current or previous position.

However, the soon to be new law could be challenged in court because of possible violation of federal labor law and deemed unconstitutional in part due to the “immorality” clause. That clause reads, “Participating in the operations of United States Immigration and Customs Enforcement on or after January 20, 2025, demonstrates an immorality that California cannot afford to have in its ranks of peace officer.”

On August 30th, the bill passed the state Senate on 29 to 10 party-line vote, and the Assembly by 57 to 16 also on a party-line vote. It was enrolled and presented to the Governor on Sept. 9th at 1 p.m.

Part of Package of Federal Immigration Enforcement Related Bills Signed by Governor

According to a press release from the governor’s office that day, “Governor Newsom signed 21 bills earlier today cementing California’s longstanding efforts to support immigrant communities and reflecting on the state’s response to an intensified federal immigration enforcement environment.”

“Newsom…signed a package of bills related to federal immigration enforcement in California to expand oversight of federal immigration enforcement in California.

“This action builds on years of work by Governor Newsom and the Legislature to support (illegal) immigrant families, protect communities and the economy from reckless immigration actions, strengthen transparency and oversight of detention facilities, and ensure that state resources are focused on public safety and the needs of Californians.

The governor’s office claims the package of bills, “Prohibits ICE officers who have committed serious misconduct on the job from becoming peace officers or public employees in California.”

Included in the bills was AB 1627 by Ávila Farías, described as “Public employment: disqualifications”, and known as the MELT ICE Act.

Legislative Counsel’s Digest of AB 1627

According to the Legislative Counsel’s Digest, “Existing (state) law specifies circumstances that disqualify a person from holding office or being employed as a peace officer, including, among other things, any person previously employed in law enforcement in any state or United States territory or by the federal government whose name is listed in any of specified indexes whose certification as a law enforcement officer in that jurisdiction was revoked for misconduct or who, while employed as a law enforcement officer, engaged in serious misconduct that would have resulted in their certification being revoked by the commission if employed as a peace officer in this state.

“This bill would specify that, for purposes of the disqualification circumstances described above, the terms ‘employed in law enforcement’ and ‘law enforcement officer’ include a law enforcement officer employed in any state or United States territory or by the federal government who engages in immigration enforcement, as provided.”

Bill Text Claims Participating in ICE Operations During Trump’s Second Term “Demonstrates an Immorality”

According to the Bill Text in, “SECTION 1. The Legislature finds and declares all of the following:

“(a) Beginning in 2025, United States Immigration and Customs Enforcement officers have terrorized California residents, United States citizens and noncitizens alike, through untargeted arrests and brutality based on nothing more than a person’s racial appearance, language spoken, means of earning a living, or exercise of First Amendment-protected expression.

“(b) Beginning in 2025, the United States Department of Homeland Security has recruited peace officers to United States Immigration and Customs Enforcement with the promise of being unrestrained in the manner in which officers engage with civilians or by the laws of the State of California.

“(c) Participating in the operations of United States Immigration and Customs Enforcement on or after January 20, 2025, demonstrates an immorality that California cannot afford to have in its ranks of peace officers whose duties include interacting with the public.”

Further according to the Bill Text, “…except as provided in subparagraph (B), any person previously employed as a sworn law enforcement officer or individual contractor, and personally engaged in immigration enforcement,” is “disqualified from holding office as a peace officer or being employed as a peace officer of the state, county, city, city and county, or other political subdivision, whether with or without compensation, and is disqualified from any office or employment by the state, county, city, city and county, or other political subdivision, whether with or without compensation, which confers upon the holder or employee the powers and duties of a peace officer.”

Subparagraph B (ii) reads, “‘Immigration enforcement’ includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States.”

However, the bill “does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or from maintaining or exchanging that information with any other federal, state, or local governmental entity.” That means existing law enforcement officers can cooperate with ICE within limits of California’s sanctuary state laws.

Ávila Farías Comments About Bill, Signing by Governor

A press release issued earlier this year, after the State Assembly passed her bill, reads, “On the Assembly Floor, Assemblymember Ávila Farías emphasized that ICE enforcement has created fear across California—impacting both citizens and immigrants alike—and legislation is needed to proactively safeguard our communities and critical spaces.”

She is further quoted in a FOX11 Los Angeles report as saying in a statement, “California’s peace officers…must be guardians of constitutional rights, not participants in their erosion.” and “argued that participating in ICE operations during this period ‘demonstrates an immorality that California cannot afford to have in its ranks.’”

In her brief speech on the Assembly Floor on May 27th, Avila Farias said, “Communities are safer when we are policed by people who are committed to protecting the public rather than kidnapping them.”

During a presentation before the Assembly Standing Committee on Public Safety in April, she said, “Frankly, I don’t want my kids or anyone else’s counting on people who flaunt the rule of the law.” Ávila Farías also claimed, “this bill, does not have any legal issues, and challenges, because we’re simply doing a modest expansion of existing law in a way to protect our community members and holding the highest regard of what our law enforcement professionals. It also is not honing into the individuals that are doing their jobs to the letter of the law. This is protecting vulnerable community populations…”

She repeated her remarks before the state Senate Standing Committee on Public Safety in June saying, “AB 1627 ensures that immigration enforcement personnel are disqualified from becoming a peace officer in California if they have committed misconduct in their prior roles. This bill is about restoring public trust and holding federal law enforcement to the same standards as any other peace officer in California.”

About the governor signing her bill Ávila Farías said, “Our kids deserve role models in uniform, not individuals tied to fear and intimidation. AB 1627 is about accountability, integrity, and reducing harm before it happens. With the signing of the MELT ICE Act of 2026, California sends a clear message: Federal agents who have disregarded constitutional rights are not to be entrusted with peace enforcement roles in our state. Thank you, Governor Newsom, for your commitment to upholding the rule of law and protecting our communities.”

Ávila Farías’ office issued a press release about the bill’s signing.

“Today, Governor Gavin Newsom signed my bill to prevent former ICE employees with documented histories of misconduct from becoming peace officers in California.

“AB 1627, the Misconduct Ends Law-Enforcement Trust Act of 2026, started with people in my community speaking up. One year ago, at a No Kings Rally in Concord, our community came together and spoke out about the fear many immigrant families were experiencing. That community activism helped inspire this legislation, and I am proud that their voices helped lead to meaningful change.

“AB 1627 was not written overnight. It was the result of many conversations, a lot of listening, and working with people who care deeply about public safety and accountability.

“At the heart of this bill is a simple principle: if someone has a documented history of misconduct, they should not be able to leave one agency and simply put on another uniform without accountability.

“I am honored and humbled to have played a part in creating one more barrier to prevent individuals who have abused their authority from becoming peace officers in California. This is about protecting public trust and making sure the people entrusted with a badge are held to a high standard.

“I want to thank Governor Newsom, my legislative colleagues, the community partners who stood with me, and the law-enforcement professionals who worked with us throughout this process. “This is what people power looks like. A community raised its voice, we listened, we worked together, and we turned that vision into law.

“AB 1627 takes effect January 1, 2027.”

Opposed by Statewide Police Organization

According to a report on MSN.com, “The Peace Officers Research Association of California (PORAC) has voiced opposition to the bill. ‘This bill is unnecessary, duplicative and it jeopardizes qualified immunity for California employees,’ stated David Mastagni on behalf of PORAC.

The report further claims, “Critics argue the measure represents ‘guilty by association’ and could worsen existing staffing shortages in California’s police departments and schools. According to data from PORAC, law enforcement agencies throughout California have lost over 3,300 sworn officers since 2020, with an average of 10% of policing roles remaining unfilled.”

Could Be Challenged in Court, Deemed Unconstitutional

However, the new law could be ruled unconstitutional if challenged in court as questions have arisen whether the state can legally enforce a lifetime ban on a specific class of former federal employees without violating federal labor protections or constitutional due process.

According to a report by iHeart Radio in February, “Legal experts question whether California can legally enforce a lifetime ban on a specific class of federal employees without violating federal labor protections or constitutional due process rights.”

Inclusion of the “immorality” clause could give further basis for a court challenge.