Immigration

Existing law requires the State Department of Social Services, subject to an appropriation, to provide grants to qualified nonprofit organizations through contracts, in order to provide persons with certain immigration-related legal services, including, among other things, services to obtain other immigration remedies and benefits. Existing law defines immigration benefits as including advanced parole, employment authorization documents, and lawful Permanent Resident Card renewal. This bill would expand the meaning of immigration benefits for these purposes to also include assistance with immigration bonds.

Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments of every kind whatsoever, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law requires the Civil Rights Department, among other things, to enforce the provisions of the Unruh Civil Rights Act. Existing law authorizes aggrieved persons to, among other remedies, file a complaint with the Civil Rights Department. This bill would provide related declarations, including the intent of the Legislature to clarify that those provisions of existing law fully apply to early childcare and education settings and prohibit discrimination in access to and provision of those services. This bill would specify that "business establishments of every kind whatsoever" includes, but is not limited to, entities and individuals that provide early care and education services to the public for a fee or other consideration, including licensed childcare centers, licensed family childcare homes, and family, friend, and neighbor care providers, regardless of whether the services are publicly funded. The bill would prohibit its provisions from being construed to limit existing protections or requiring the disclosure of immigration or citizenship status.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state and authorizes them to provide instruction at the campuses they operate. Existing law requires the governing boards of community college districts, among other postsecondary educational entities, to the fullest extent consistent with state and federal law, to implement various precautionary measures when federal immigration enforcement activities are undertaken on campuses of those entities, as specified. This bill would require a community college district to allow its faculty who departed the United States on or after January 1, 2027, for a specified reason, including, among others, due to immigration enforcement actions by the Department of Homeland Security, and who was teaching for the community college district at the time of departure to perform their instruction and professional duties through distance education or other remote modalities offered by the community college district, as provided. By imposing new duties on community college districts, the 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 establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the 3 segments of public postsecondary education in the state. Existing law establishes uniform residency requirements for purposes of ascertaining the amount of tuition and fees to be paid by students of public postsecondary educational institutions. Existing law requires a student classified as a nonresident to pay nonresident tuition, in addition to other fees required by the institution, except as provided. These provisions apply to the University of California only to the extent that the regents, by appropriate resolution, make them applicable. This bill would authorize a participating public postsecondary educational institution to administer an educational asylum program, in collaboration with the Regents of the University of California, the Trustees of the California State University, and the Board of Governors of the California Community Colleges. The bill would require a participating institution to grant educational asylum status to a transfer student who meets specified requirements, including residing in a restricted state, as defined. The bill, commencing with the 2027–28 school year, would exempt a transfer student who is granted educational asylum status from paying nonresident tuition at a participating institution and would require the transfer student to only pay resident tuition and fees.

This California state resolution urges federal immigration agencies to prioritize and expedite the processing of Deferred Action for Childhood Arrivals renewals, work authorization documents, and H-1B visas. It cites significant delays in application processing that have caused income instability and job losses for over 140,000 Californians participating in the DACA program. The resolution specifically highlights the impact on essential workers in education and health care, arguing that timely processing is necessary to protect community economic stability and workforce availability.

Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is in part governed by, and funded pursuant to, federal Medicaid program provisions. Existing law establishes procedures for counties in making Medi-Cal eligibility determinations and redeterminations. Existing federal law, enacted on July 4, 2025, sets forth various changes to Medicaid eligibility with regard to community engagement reporting, redeterminations, cost sharing, and retroactive coverage, among other factors, for certain Medicaid populations pursuant to a specified implementation timeline. This bill, the Protect the Promise Act, would require the department, in coordination with counties, to verify Medi-Cal eligibility before enrollment approval whenever reliable data sources are available. The bill, subject to any exceptions under federal law, would prohibit self-attestation alone for Medi-Cal eligibility purposes from being accepted for the eligibility factors of income, residency, identity, household composition, or citizenship or immigration status. The bill would require the department and the county to fully utilize certain data sets and verification systems. The bill would require the department to cross-reference beneficiary data with certain databases, complete a one-time submission of enrollment data to the federal government, and review information from specified federal and state sources. The bill would require the department to maintain a continuous process to identify changes in residency. The bill would require the department to require regular and systematic eligibility redeterminations, as specified. The bill would require the department and the county to identify eligibility errors, correct errors, and recover improper payments. The bill would require the department to establish enforceable accountability mechanisms, including, among others, reports to the Legislature and designation of officials. By creating new duties for counties relating to Medi-Cal eligibility determinations and redeterminations, the 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 generally authorizes a court to, in the furtherance of justice, dismiss a sentencing enhancement, except if dismissal of that enhancement is prohibited by an initiative statute. Existing law provides for various sentencing enhancements, including, among others, enhancements for the use of a firearm in the commission of a felony or attempted felony, or for the damaging of property in the commission or attempted commission of a felony. This bill would require the court to impose an additional and consecutive 2-year term of state imprisonment for individuals convicted of committing a qualifying criminal activity, as specified, against a person who is an undocumented individual. By creating a new sentencing enhancement, 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 no reimbursement is required by this act for a specified reason.

Existing law prohibits an employer or any other person from engaging in, or directing another person to engage in, an unfair immigration-related practice against a person for the purpose of, or with the intent of, retaliating against any person for exercising a right protected under state labor and employment laws or under a local ordinance applicable to employees, as specified. Existing law authorizes a civil action for equitable relief and damages or penalties, as specified, by an employee or other person who is the subject of an unfair immigration-related practice. This bill would expand the above-described prohibition to include retaliating against any person for exercising any right under any local, state, or federal statute or regulation applicable to employees, as defined, and would prohibit preventing a person from exercising such a right. The bill would also prohibit an employer or any other person from engaging in any other conduct, related to any person's perceived immigration status, that would reasonably tend to dissuade a person from engaging in conduct that the person has a legal right to engage in under any local, state, or federal statute or regulation applicable to employees, or to induce a person to engage in conduct that the person has a legal right to abstain from under any local, state, or federal statute or regulation applicable to employees. The bill would make an employer or other person who violates these provisions liable for a civil penalty not exceeding $10,000 per employee or person for each violation, as specified. The bill would also make related and conforming changes to these provisions.

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 Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. This bill would add criminal history, as defined, to the list of protected characteristics under the Unruh Civil Rights Act. Existing law, the California Fair Employment and Housing Act, declares the public policy of the state to be that it is necessary to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, religious creed, or color, among other characteristics. The act declares discrimination in housing accommodations because of race, color, or religion, among other characteristics, to be against public policy. In that regard, the act prohibits various forms of employment and housing discrimination, including various types of discrimination because of a person's race, color, or national origin, among other characteristics. This bill would add criminal history, as defined, to the list of protected characteristics under the California Fair Employment and Housing Act.