AB 2271 California Assembly · 2025-2026 Regular Session

Immigrant benefits: loss of income: federal DHS enforcement.

Summary
Existing law requires the Employment Development Department to implement and administer the unemployment insurance program within this state, and provides for the payment of unemployment compensation benefits to eligible individuals who are unemployed through no fault of their own. Under existing federal law, a state may provide state or local public benefits, including unemployment benefits, to otherwise ineligible aliens or immigrants, as specified, only through a state law enacted after August 22, 1996, which affirmatively provides for such eligibility. This bill would establish the Immigration Enforcement Emergency Relief Program administered by the department, as specified. The bill would establish the Immigration Enforcement Emergency Fund within the State Treasury for the purposes of the program and would make all moneys in the fund available, upon appropriation by the Legislature, for purposes of the program. This bill would declare that it is a state law enacted to provide benefits to otherwise ineligible aliens or immigrants as set forth in the above-referenced federal law. This bill would require the department, by July 1, 2027, to promulgate regulations to implement the program, including regulations to establish, among other things, a process by which individuals or qualifying beneficiaries may apply for program benefits. The bill would authorize a regulation adopted as described above to be adopted as an emergency regulation, as specified. The bill would require the department to begin accepting applications for program benefits, as defined, as soon as is practicable following the above-described promulgation of regulations. This bill would impose specified requirements on the collection and use of personal information, as defined, for purposes of the program, including, but not limited to, requiring that the department establish procedures and safeguards against unauthorized access to, and use of, that personal information, as specified. The bill would make personal information and documents collected for purposes of the program confidential and exempt from disclosure, as specified. The bill would require an individual, as defined, filing a new claim for program benefits to be advised of certain information, including that the program benefits are subject to federal income taxation. This bill would entitle an individual eligible to receive program benefits to payment every 14 days for each week during which the individual qualified, calculated as prescribed, not to exceed 20 cumulative weeks. The bill would base the determination of an individual's eligibility for program benefits for each week on the presence of certain conditions, including, but not limited to, that the individual suffered a loss of earned income, as defined, caused by certain actions by the United States Department of Homeland Security. This bill would condition implementation of the program upon an appropriation by the Legislature. The bill would declare its provisions severable and would make various findings and declarations related to the necessity and purpose of the program. The bill would make findings and declarations related to a gift of public funds. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 19, 2026 Last action Mar 24, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

02/19/26 - Introduced 03/23/26 - Amended Assembly · 9 edits · Mar 23, 2026
MAJOR
AB 2271 was transformed from a single-section legislative intent statement into a comprehensive new Division 8 of the Labor Code establishing the Immigration Enforcement Emergency Relief Program. The amended bill creates a fund in the State Treasury, defines eligibility for Californians who lost income due to federal DHS enforcement actions, sets benefit amounts up to $450 per week for a maximum of 20 weeks, and includes strong privacy protections prohibiting EDD from collecting or sharing immigration status information.
Scope change
The bill expanded from a one-line legislative intent statement with no operative provisions into a full statutory program with defined eligibility criteria, benefit amounts, administrative procedures, privacy safeguards, and funding mechanisms. It now applies specifically to Californians who lost earned income due to federal DHS enforcement actions and are not already receiving other state or federal income replacement benefits.
SCOPE

Entire new Division 8 (Sections 11200-11256) added to the Labor Code, creating the Immigration Enforcement Emergency Relief Program administered by the Employment Development Department. The original bill was only a one-line intent statement.

The bill explicitly declares itself a state law enacted after August 22, 1996, to provide benefits to otherwise ineligible aliens or immigrants under 8 U.S.C. Section 1621(d), making the program available to undocumented workers who are excluded from regular unemployment insurance.

FISCAL

Establishes the Immigration Enforcement Emergency Fund within the State Treasury. All moneys in the fund are available upon appropriation by the Legislature. Implementation is contingent on an appropriation in the annual Budget Act or other enactment.

ELIGIBILITY

Individuals qualify if they suffered a loss of earned income caused by DHS actions including: arrest/detention, deportation/removal, injury from DHS action, business closure due to DHS activity, adverse employment action tied to DHS action or no-match letters, unfair immigration-related practices, absence from work due to reasonable fear for safety, or other proximate-cause DHS action. Must have worked 20+ hours in each of the four preceding weeks and resided in California at time of loss.

REQUIREMENT

Benefit amount is the average weekly earned income over four prior weeks minus current week income, capped at $450 per week, paid every 14 days, for a maximum of 20 cumulative weeks. Individuals cannot receive benefits if already receiving unemployment compensation, paid family leave, disability benefits, or workers' compensation.

ENFORCEMENT

EDD is prohibited from requesting information about nationality, place of birth, or SSN eligibility; compelling admission of lawful presence; contacting current, former, or prospective employers; or recording immigration or citizenship status. Personal information is confidential and exempt from public records disclosure, and cannot be shared with other government agencies except to administer the program.

TIMELINE

EDD must adopt implementing regulations by July 1, 2027, and begin accepting applications as soon as practicable thereafter. Emergency regulation authority is granted to accelerate rulemaking.

DEFINITION

New definitions added for 'Department,' 'DHS,' 'Director,' 'Earned income' (including self-employment and independent contractor compensation), 'Individual' (including minors and those represented by qualifying beneficiaries), 'Personal information,' 'Program benefits,' and 'Qualifying beneficiary.'

TECHNICAL

Adds provisions for payment methods (direct deposit, debit cards, checks), federal income tax withholding options, minor eligibility to receive benefits in their own right, qualifying beneficiary claims for individuals unable to apply, deceased or incompetent individual benefit distribution, severability, and public records exemption findings.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
5
Key actions
1
Committee
3
Amendments
1
Mar 24, 2026
Committee
Re-referred to Com. on INS.
lower
Mar 23, 2026
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.
lower
Mar 23, 2026
Committee
Referred to Com. on INS.
lower
Feb 20, 2026
Lower · Passed
From printer. May be heard in committee March 22.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Robert Garcia
Robert Garcia
DDemocratic
CA
50