Immigration

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 local educational agency from collecting information or documents regarding citizenship or immigration status of pupils or their family members. Existing law requires the governing board or body of a school district, county office of education, or charter school to perform specified actions relating to pupils and immigration status, including, among others, providing information to parents and guardians, as appropriate, regarding their children's right to a free public education, regardless of immigration status or religious beliefs. This bill would require the governing board or body of a local educational agency to post specified information related to immigration enforcement in the administrative buildings and on the internet websites of the local educational agency and each of its schoolsites, as provided. To the extent the bill imposes additional duties on local educational agencies, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 234.7 of the Education Code proposed by AB 49 to be operative only if this bill and AB 49 are enacted and this bill is enacted last. 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.

Existing law, subject to available funding, requires the State Department of Social Services to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied undocumented minors who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state or are residing with a family member or other sponsor. Existing law requires contracts awarded pursuant to the above-described provision to be executed with qualified nonprofit legal services organizations that meet certain requirements, including having experience representing individuals in removal proceedings and asylum applications. This bill would, subject to available funding, provide legal counsel to immigrant youth in the State of California. The bill would define immigrant youth. The bill would require the department to allocate funding for these purposes, and would require the department to consider whether federal funding has been made available and dispersed to organizations or relevant projects in the state in determining the amount and allocation of contracts awarded. The bill would require the department to contract with qualified nonprofit legal services organizations that meet the above-described requirements or an office of the public defender that meets certain requirements. The bill would also authorize the department to fund social work services contracted by qualified nonprofit legal services organizations to assist immigrant youth.

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.