California’s SB 509 Tacitly Targets India: The Divisive Bill on Transnational Repression Reaches Governor’s Desk

A contentious piece of legislation designed to combat foreign government intimidation of diaspora communities in California has passed both houses of the state legislature and now awaits Governor Gavin Newsom’s signature. Senate Bill 509, while garnering bipartisan support, has exposed deep fractures within California’s Indian American community, particularly between Sikh and Hindu advocacy groups.

The bill, authored by Democratic Senator Anna Caballero of Merced and co-authored by Assemblywoman Jasmeet Bains — California’s first Sikh assemblywoman — would require the state’s Office of Emergency Services to develop training for law enforcement officers to recognize and respond to “transnational repression.”

The FBI defines transnational repression as “the acts of foreign governments when they reach beyond their borders to intimidate, silence, coerce, harass or harm members of their diaspora and exile communities in the United States.”

The bill emerges against a backdrop of escalating tensions surrounding alleged Indian government targeting of Sikh dissidents in North America. In 2023, Canada officially accused India of masterminding the assassination of Sikh separatist Hardeep Singh Nijjar in British Columbia. That same year, U.S. prosecutors accused Indian intelligence agencies of plotting the assassination of Gurpatwant Singh Pannun, a New York-based Sikh activist.

Senator Caballero, whose 14th State Senate district includes a significant Sikh population, explained the bill’s necessity in a statement to Al Jazeera: “California can’t protect our most vulnerable communities if our officers don’t even recognize the threat. The bill closes a critical gap in our public safety system and gives law enforcement the training they need to identify foreign interference when it happens in our neighborhoods.”

California is home to an estimated 250,000 Sikhs, representing 40 percent of the nation’s Sikhs, according to the Sikh Coalition. The community has deep historical roots in the state, having first arrived more than a century ago.

The bill has garnered robust backing from major Sikh American advocacy groups. The Sikh American Legal Defense and Education Fund, Sikh Coalition, and Jakara Movement are among the organizations supporting the legislation, along with groups representing other faiths such as Hindus for Human Rights and the Indian American Muslim Council.

Harman Singh, executive director of the Sikh Coalition, emphasized the practical importance of the training: “If a gurdwara committee leader calls the police to report a man who claims to be from the government of India coming to the gurdwara asking about other committee members’ immigration status, the trained officers will react to that very differently than those who aren’t.”

“The vast majority of supporters of this bill who have shown up to multiple hearings are of Indian origin and have focused on India in their comments and press statements around this bill. India is listed as a top transnational repression government. It’s very clear that the true target of this bill is India and Indian Americans.”

The urgency felt by Sikh Americans was evident during legislative hearings. Dr. Gurtej Singh Cheema, a 60-year-old retired clinical professor who testified in support of the bill, joined more than 150 other Sikh Americans at the State Capitol, with some driving all night from Los Angeles to participate.

“Any efforts that help a community feel safe, and you are a part of that community – naturally, you would support it,” Cheema told Al Jazeera.

Hindu American Opposition

However, the legislation faces significant opposition from prominent Hindu American organizations. The Coalition of Hindus of North America and the Hindu American Foundation have expressed concerns, along with the Bay Area Jewish Coalition and even a Sikh group, The Khalsa Today.

Samir Kalra, managing director of the Hindu American Foundation, has emerged as one of the bill’s most vocal critics. He told Al Jazeera: “I believe that they have not gone far enough in providing adequate guardrails and safeguards to ensure that law enforcement does not institutionalize biases against groups from specific countries of origin and or with certain viewpoints on geopolitical issues.”

Kalra argues that “the vast majority of supporters of this bill who have shown up to multiple hearings are of Indian origin and have focused on India in their comments and press statements around this bill. India is listed as a top transnational repression government. It’s very clear that the true target of this bill is India and Indian Americans.”

Hindu American groups fear the legislation could be weaponized against their community members who oppose Khalistan separatist movements. Kalra pointed out that “many Hindu temples had been desecrated in recent months with pro-Khalistan slogans,” asking: “How can the Hindu American community feel safe and secure reporting these incidents without fear of being accused of being a foreign agent or having law enforcement downplaying the vandalisms?”

Critics also worry that the bill “risks targeting sections of the diaspora – such as Hindu Americans opposed to the Khalistan movement” and “could end up deepening biases against India and Hindu Americans.”

Beyond Hindu American groups, opposition has come from unexpected quarters. The Bay Area Jewish Coalition, a Sikh group called The Khalsa Today, the Santa Clara Attorney’s office, and Riverside County Sheriff’s Office have also opposed the bill.

The Riverside County Sheriff’s Office expressed “concerns regarding the bill’s potential implications, particularly its impact on law enforcement practices and the inadvertent targeting of diaspora communities.”

Academic Perspectives

Stanford University anthropology professor Thomas Blom Hansen provided context for the legislation, telling Al Jazeera: “The bill addresses concerns around online trolling, surveillance and harassment of individuals based on their political beliefs or affiliations – often influenced by foreign governments or political movements.”

Hansen noted that “the bill doesn’t name any specific country – it’s a general framework to provide additional protection to immigrants and diaspora communities from harassment by foreign actors.”

However, Hansen also offered a pointed observation about the opposition: “When an organization comes out strongly against such a bill, it almost feels like a preemptive admission – as if they see themselves as being implicated by what the bill seeks to prevent.”

The bill has attracted support beyond Sikh organizations. Groups representing Indians of other major faiths, such as Hindus for Human Rights and the Indian American Muslim Council, have backed the legislation, as has the California Police Chiefs Association.

Rohit Chopra, a professor of communication at Santa Clara University, told Al Jazeera that critics of foreign governments “are all too routinely harassed, threatened, or even assaulted by foreign governments or their proxies within the U.S. Even if the bill has some deterrent effect, which I believe it will, it will be well worth it.”

The bill’s co-author, Assemblywoman Bains, has experienced firsthand the type of intimidation the legislation seeks to address. In August 2023, after California recognized the 1984 massacre of thousands of Sikhs in India as genocide, four men, apparently of Indian origin, visited her office and allegedly threatened her, saying they would “do whatever it takes to go after you.”

Historical Context

This marks the second major piece of legislation in recent years that has split South Asian diaspora groups in California. A 2023 bill that specified caste as a protected category under California’s anti-discrimination laws was vetoed by Governor Newsom after several Hindu American groups lobbied against it.

The Assembly has passed the SB 509, and it will now return to the California Senate for another vote on the modified version. If it passes in the upper house, it will head to Governor Newsom’s desk for his signature.

The governor will face pressure from both sides. Supporters argue the legislation is essential for protecting vulnerable diaspora communities from foreign government intimidation. Opponents contend it could institutionalize bias against specific ethnic and religious groups while potentially criminalizing legitimate political expression.

As Dr. Cheema reflected on the bill’s significance: “I could be the next victim if the law enforcement in my community is not able to recognise foreign interference. It doesn’t matter who is indulging in it or which country, I would naturally like my police officers to be aware of the threats.”

The outcome will likely influence how other states approach the complex challenge of protecting diaspora communities while maintaining civil liberties and avoiding discrimination against ethnic and religious minorities.

This story was aggregated by AI from several news reports and edited by American Kahani’s News Desk.