Immigration

Existing law, the Child Care and Development Services Act, requires the State Department of Social Services to administer childcare and development programs, including, among others, migrant childcare and development programs. Existing law, for purposes of migrant childcare and development programs, defines a "migrant agricultural worker family" as a family that has earned at least 50% of its total gross income from employment in fishing, agriculture, or agriculturally related work during the 12-month period immediately preceding the date of application for childcare and development services. Existing law requires the children of these families to be enrolled in child development programs on the basis of specified priorities, including priority to children whose families move from place to place. This bill would instead define a "migrant agricultural worker family" as a family with at least one individual who has earned at least 40% of their total gross income from employment in fishing, agriculture, or agriculturally related work during the 12-month period immediately preceding the date of application for childcare and development services. For the purpose of enrollment in migrant child care and development programs, the bill would require the department to ensure that the self certification of income be consistent with other child care and development programs under the act.

Existing law, the Mello-Granlund Older Californians Act, establishes the California Department of Aging and states that the mission of the department is to provide leadership to the area agencies on aging in developing systems of home- and community-based services that maintain individuals in their own homes or least restrictive homelike environments. This bill would, subject to an appropriation for these purposes, require the department to oversee a stakeholder process to support findings and recommendations on how to best support older and aging immigrants, as defined, regardless of their immigration status, in California through the establishment of a panel. The bill would authorize the director of the department to modify an existing panel for these purposes, if applicable. The bill would require the panel to include representatives from the State Department of Social Services and invite specified stakeholder and subject matter experts to participate. The bill would require the department and panel to consider specified issues, including affordability and access to social services and housing. The bill would require the first meeting to occur no later than 120 days after funding for the panel becomes available and would authorize the department to contract with academic research entities to supplement the stakeholder process. The bill would require the panel to issue findings and recommendations to both departments by July 1, 2028, on the most effective ways to implement policies and programs to support older and aging immigrants in California, regardless of their immigration status. The bill would require the departments to jointly submit a report containing the panel's findings to the Legislature on or before December 1, 2028. The bill would repeal these provisions on January 1, 2029. The bill makes relating findings and declarations.

(1) Existing law prohibits, except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a school district, county office of education, or charter school from collecting information or documents regarding citizenship or immigration status of pupils or their family members. Existing law requires the superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, to report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information. This bill would prohibit school officials and employees of a local educational agency from allowing an officer or employee of an agency conducting immigration enforcement to enter a nonpublic area of a schoolsite, as defined, for any purpose without being presented with a valid judicial warrant, judicial subpoena, or a court order. The bill would require school officials and employees of a local educational agency, to the extent practicable, to request valid identification of any officer or employee of an agency conducting immigration enforcement seeking to enter a nonpublic area of a schoolsite. The bill would also prohibit a local educational agency and its personnel from disclosing or providing, in writing, verbally, or in any other manner, the education records of or any information about a pupil or a pupil's family and household without the pupil's parents' or guardians' written consent, a school employee, or a teacher to an officer or employee of an agency conducting immigration enforcement without a valid judicial warrant or judicial subpoena, or court order directing the local educational agency or its personnel to do so. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. (2) Existing law requires the Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, and ensuring that public schools remain safe and accessible to all California residents, regardless of immigration status, as provided. Existing law requires local educational agencies, by July 1, 2018, to adopt those model policies developed by the Attorney General or equivalent policies. This bill would require the Attorney General, by December 1, 2025, to update those model policies to ensure that the policies align with the above-described prohibitions on school officials and employees of local educational agencies allowing an officer or employee of an agency conducting immigration enforcement to enter a nonpublic area of a schoolsite without a valid judicial warrant or judicial subpoena, or a court order and from disclosing or providing certain information to those officers or employees, as provided. The bill also would require a local educational agency to update its model policy by March 1, 2026, and to make the policy available to the State Department of Education upon request. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. (3) This bill would make these provisions severable. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (5) This bill would declare that it is to take effect immediately as an urgency statute.

This measure would declare the Legislature's opposition to the unlawful Executive Order No. 14160, entitled "Protecting the Meaning and Value of American Citizenship," ending birthright citizenship as enshrined in the United States Constitution and would affirm the Legislature's commitment to birthright citizenship, as specified.