Immigrant benefits: loss of income: federal DHS enforcement.
What changed between versions
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.
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.
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.
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.
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.
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.
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.'
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.