Existing law, the California Fair Employment and Housing Act, prohibits various forms of employment and housing discrimination, including various types of discrimination because of national origin. Existing law empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices. Existing labor law also prohibits an employer or other person or entity from engaging in, or to directing another person or entity to engage in, unfair immigration-related practices against a person for exercising specified rights. Existing law defines unfair immigration-related practices for these purposes. Existing law additionally makes it unlawful for an employer to request more or different immigration documents than are required under federal law, to refuse to honor documents tendered that reasonably appear to be genuine, and to take other related actions concerning employee work authorization documents. Existing law authorizes an applicant for employment or an employee who is subject to an unlawful act that is prohibited by these provisions, or a representative of that applicant for employment or employee, to file a complaint with the Division of Labor Standards Enforcement. Existing law establishes specified civil penalties for a violation of these provisions. This bill would require each employee, upon request, to be released by their employer for up to 5 unpaid working days within a 12-month period in order to attend appointments, interviews, adjudications, legal proceedings, detainment, or any other meeting at which the employee's presence is required concerning the employee's immigration status, work authorization, visa status, or any other immigration-related matter, as specified. The bill would also require a postintroductory employee, as defined, whose employment has been terminated due to an inability to provide documentation of proper work authorization, to be immediately reinstated to their former classification without loss in seniority, subject to producing proper work authorization, except as provided. The bill would also require an employer, if the employee demonstrates a need for additional time, to rehire the employee into the next available opening in the employee's former classification, as a new hire without retaining seniority, subject to the employee providing proper work authorization and meeting certain other conditions. This bill would require an employer that is notified that an employee has been detained or incarcerated as a result of pending immigration or deportation proceedings, to place the employee on an unpaid leave of absence for a period pending the employee's release from detainment or incarceration and not to exceed 12 months. If the employee is released and provides appropriate work authorization documentation within the period of the authorized unpaid leave of absence, the bill would require the employer to return the employee to their former job classification without loss of seniority, except as specified. This bill would apply the above requirements to a public or private employer, but would exempt a public or private employer with 25 or fewer employees. The bill would prohibit each public or private employer from disciplining, discharging, or discriminating against an employee because of national origin or immigration status, or solely because the employee is subject to immigration or deportation proceedings, except as required to comply with the law. The bill would prohibit an employee subject to immigration or deportation proceedings from being discharged solely because of those proceedings, so long as the employee is authorized to work in the United States. This bill would provide that its provisions do not invalidate a collective bargaining agreement or a memorandum of understanding that contains a provision addressing rehire or reinstatement rights or leave rights regarding employees who are subject to immigration proceedings, nor does it supersede the seniority provisions of a collective bargaining agreement or a memorandum of understanding. The bill would require the Labor Commissioner to enforce the bill's provisions. This bill would make these provisions inoperative on July 1, 2029, and would repeal them on January 1, 2030.
Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires the local control funding formula, in part, to be based on average daily attendance, as defined. For purposes of state apportionments based on average daily attendance, as provided, if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of a specified type of emergency, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school the total average daily attendance that would have been credited had the emergency not occurred, as provided. This bill would, until July 1, 2029, add an immigration enforcement activity, as defined, to the list of emergencies for which the above-described provisions related to calculating average daily attendance for purposes of state apportionments apply, as provided. The bill would, for purposes of these provisions related to calculating average daily attendance for purposes of state apportionments, prohibit a school district, county office of education, or charter school from being credited for more than 10 days of missed attendance for a pupil due to an immigration enforcement activity. For affidavits submitted to the Superintendent for emergency events occurring after September 1, 2021, but on or before June 30, 2026, that resulted in a school closure or material decrease in attendance, existing law requires a school district, county office of education, or charter school that provides an affidavit to the Superintendent to certify that it has a plan for which independent study will be offered to pupils, as provided, and requires that plan to comply with certain requirements, including, among other things, that independent study is offered to any impacted pupil within 10 instructional days of the first day of a school closure or material decrease in attendance. This bill would, for affidavits submitted to the Superintendent for an immigration enforcement activity that occurred on or after January 1, 2025, but on or before June 30, 2026, that resulted in a school closure or material decrease in attendance, require a school district, county office of education, or charter school that provides an affidavit to the Superintendent to additionally require the independent study plan to either (1) require the offering of live interaction or synchronous instruction to pupils, as provided, or (2) provide a description of both the extenuating circumstances that prevent the offering of live interaction or synchronous instruction and a description of what pupil engagement, services, and instruction will be provided to support pupils during or immediately after the period of closure or material decrease in attendance. The bill would, as applied to the above-described provisions for calculating average daily attendance for purposes of state apportionments and related affidavits certifying independent study plans, exempt from the California Public Records Act any documentation related to an immigration enforcement activity submitted to the Superintendent by a school district, charter school, county office of education, or county superintendent of schools, as provided. The bill would make these provisions inoperative on July 1, 2029, and would repeal them as of January 1, 2030. 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.
Existing law requires the court, prior to the acceptance of a plea of guilty or nolo contendere, to advise the defendant that if they are not a citizen, conviction of the crime charged may result in deportation, exclusion from admission to the United States, or denial of naturalization. After January 1, 1978, if the court fails to advise the defendant, as required, and the defendant shows that conviction of the offense to which the defendant pleaded guilty or nolo contendere may have the consequences for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States, the court, on the defendant's motion, is required to vacate the judgment and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty. This bill would require the court to give the above-described advisement verbatim and would clarify the advisement to state that if the defendant is not a citizen of the United States, conviction may result in the specified immigration consequences. The bill would state that for a plea accepted prior to January 1, 2026, it is not the intent of the Legislature that a court's failure to provide the advisement verbatim requires vacation of judgment and withdrawal of the plea or constitutes grounds for finding a prior conviction invalid, as specified.
Existing law requires the Attorney General to develop model policies limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law at public schools, public libraries, courthouses, specified health facilities, shelters, and other specified state agencies. This bill would similarly require the Attorney General, on or before July 1, 2026, and in consultation with appropriate stakeholders, to publish model policies relating to interaction with immigration enforcement, consistent with federal and state law, and to publish guidance and recommendations for databases operated by state and local agencies to limit the availability of information in those databases for the purposes of immigration enforcement, consistent with federal and state law. The bill would require state and local agencies to implement the model policies on or before January 1, 2027, as specified. By imposing new duties on local agencies, this bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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.
(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.
