Immigration (Detention)

Existing law includes various provisions limiting how state and local entities may use their resources for immigration enforcement purposes. This bill would prohibit the use of state-owned property for purposes of immigration enforcement, as specified. In this regard, the bill would prohibit, among other uses, staging, assembling, mobilizing, or deploying vehicles, equipment, or personnel for immigration enforcement purposes. The bill would require the Department of General Services and state agencies to work together to identify state-owned property previously or likely to be used for immigration enforcement purposes. The bill would require state agencies to post signage at those properties regarding the prohibition and to use physical barriers limiting access, as provided. The bill would require state agencies to develop procedures to ensure that an attempted or actual use of state-owned property for immigration enforcement purposes is documented in writing, that the documentation includes any photographic or video evidence, and that the Attorney General's office or the Attorney General's designee is notified. The bill would direct state agencies to make educational materials available regarding the rights of employees, tenants, and security staff if federal agents enter state-owned property. The bill would further require the Attorney General's office to design standardized signage and to make the signage available to download free of charge on the Attorney General's internet website.

Existing law, the California Values Act, requires the Attorney General, by October 1, 2018, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law at public schools, public libraries, health facilities operated by the state or a political subdivision of the state, courthouses, Division of Labor Standards Enforcement facilities, the Agricultural Labor Relations Board, the Division of Workers' Compensation, and shelters and ensure that they remain safe and accessible to all California residents, regardless of immigration status. The act requires all public schools, health facilities operated by the state or a political subdivision of the state, and courthouses to implement the model policy or an equivalent policy. This bill would require the Attorney General, on or before October 30, 2027, and annually thereafter, to submit to the Legislature and the Governor, and post on its internet website, a report that includes, among other things, a summary of all immigration enforcement incidents and activities occurring on or after September 1, 2025, conducted by a person at a designated location that have been reported by the designated location or a person who witnessed the activity to the Attorney General, as specified. The bill would authorize the Attorney General to request representatives of a designated location to furnish any reported immigration enforcement incidents and activities as part of compiling its annual report and would authorize the Attorney General to issue civil penalties or conduct other enforcement activity to ensure compliance with these provisions. The bill would prohibit the report from including any personally identifiable information regarding an individual stopped, detained, or arrested by an individual conducting an immigration enforcement activity. The bill would define "designated location" to mean schoolsites, health care provider entities, shelters, polling places, state courthouses, public transportation access points, and state and local government property. The bill would define "immigration enforcement" for these purposes to mean an effort to investigate, enforce, or assist in the investigation or enforcement of a federal civil or criminal immigration lawsuit. To the extent the bill would impose duties on locals, this bill would impose a state-mandated local program. 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, the Lanterman-Petris-Short (LPS) Act, authorizes the involuntary commitment and treatment of a person, when the person, as a result of a mental health disorder, is a danger to themselves or others, or is gravely disabled. Existing law grants persons involuntarily detained in state hospitals as a result of developmental or mental health disabilities specified rights, including a right to dignity, privacy, and humane care, to be free from harm, to religious freedom and practice, and to physical exercise and recreational opportunities. This bill, the Civil Detainees' Bill of Rights Act of 2026, would clarify that all persons housed or detained for purposes of civil immigration proceedings in California at any state, county, local, or private locked detention facility, including any county, local, or private locked detention facility in which an individual is housed or detained on behalf of, or pursuant to a contract with, the federal Office of Refugee Resettlement or the United States Immigration and Customs Enforcement, have the legal rights and responsibilities guaranteed all other persons by the United States Constitution and federal law and the California Constitution and state law, unless specifically limited by federal or state law or regulations. The bill would grant persons housed or detained for the purposes of civil immigration proceedings in California certain rights, including a right to dignity, privacy, and humane care, a right to clean facilities and living quarters, and a right to safe and healthy food. The bill would reaffirm the intent of the Legislature that individuals housed or detained as a result of developmental or mental health disabilities have the rights described above. The bill would require the rights of individuals involuntarily housed as a result of developmental or mental health disabilities or civilly detained in California to be observed and protected by the operator of any facility in California in which the individuals are housed or civilly detained. The bill would authorize the Attorney General to bring a civil action for injunctive and other relief in order to protect any of the above-described rights, and would additionally authorize the Attorney General to seek a civil penalty not to exceed $2,500 for each violation. The bill would require all necessary access for the observations necessary to ensure compliance with the above-described requirements to be provided to the Attorney General. The bill would make related findings and declarations. The bill would declare that it is to take effect immediately as an urgency statute.

Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of federal, state, and county funds, each county provides cash assistance and other benefits to qualified low-income families. Existing law sets forth provisions for the calculation of the amount of CalWORKs aid eligible to a household based in part on the size of the assistance unit. Under existing law and CalWORKs rules, aid is not affected for a member of the assistance unit who is temporarily absent from the home, and a child who is a patient in a public or private hospital for medical or surgical care is considered temporarily absent from the home for the duration of the hospital stay. Under this bill, beginning July 1, 2027, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automations, whichever is later, a child or other member of the assistance unit who is detained in a federal immigration detention facility would be considered temporarily absent from the home for the duration of the detention. Under the bill, the assistance unit would remain eligible to continue receive assistance and services if specified conditions are met, including that the remaining members of the assistance unit continue to meet eligibility requirements. The bill would authorize any written sworn statement by the applicant or recipient to be sufficient to establish that a member of the assistance unit has been detained in an immigration detention facility. The bill would authorize the department to implement these provisions through all-county letters or similar written instructions until regulations are adopted. The bill would make related legislative findings. By creating new duties for counties relating to expanded eligibility under CalWORKS, the bill would impose a state-mandated local program. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of the bill. 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 imposes taxes upon income and real property, and taxes upon certain transactions and excise taxes. The Fee Collection Procedures Law provides procedures for the collection of certain fees and surcharges and is administered by the California Department of Tax and Fee Administration (CDTFA) . Under existing law, a violation of the Fee Collection Procedures Law is a crime. This bill would, beginning July 1, 2028, establish the Private Detention Facility Tax Law, which would impose an annual tax on each private detention facility operator, as defined, equal to 25% of the operator's gross income, as defined, for the prior fiscal year, as defined. The bill would establish the Due Process for All Fund in the State Treasury, except as provided, and would require all revenues collected, less refunds and reimbursement to the CDTFA, be deposited into the fund. In the event that Assembly Bill 2465 is enacted, the bill would instead require all revenues be deposited into the Due Process for All Fund as established by that bill. The bill would direct moneys in the fund, upon appropriation by the Legislature, be used for immigration-related services. The bill would require the CDTFA to administer and collect the tax pursuant to the Fee Collection Procedures Law. By expanding the application of the crimes associated with the Fee Collection Procedures Law, the bill would impose a state-mandated local program. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. 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 no reimbursement is required by this act for a specified reason. This bill would take effect immediately as a tax levy.

Under existing law, a law enforcement official has limited discretion to cooperate with immigration authorities, and may only provide information regarding a person's release date or transfer an individual to immigration authorities without a judicial warrant or probable cause determination if the individual has been convicted of specified crimes, including, but not limited to, serious and violent felonies, as specified, and only if doing so would not violate any federal, state, or local law, or local policy. Notwithstanding those provisions, this bill would instead require law enforcement officials to cooperate with immigration authorities by detaining and transferring an individual and providing release information if a person has been convicted of a felony. By requiring local law enforcement to comply with requests from immigration authorities, this bill would impose a state-mandated local program. 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.

This measure would strongly condemn and denounce mass immigration raids that target immigrant workers and families in California and the engagement of the military in immigration enforcement operations and in response to community protests. This measure would affirm support for safeguarding the rights and safety of all Californians, regardless of immigration status, and support, among other things, the expansion of legal services and emergency response resources to protect workers, children, and families affected by immigration enforcement.