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 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 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 provides the pleas a defendant may make to an indictment, information, or complaint charging a misdemeanor or infraction. Existing law requires defense counsel to advise a defendant about the immigration consequences of a proposed disposition, as specified. Existing law requires the prosecution to consider the avoidance of adverse immigration consequences in the plea negotiation process, as specified. This bill would instead require the prosecution to meet and confer during the negotiation process with the defense in an effort to avoid the adverse immigration consequences of a plea, conviction, or sentence. The bill would establish a rebuttable presumption of a violation of the above-described requirement if the defendant asserts facts that provide a prima facie showing that during negotiations the defendant proposed an alternative plea or sentence that would avoid adverse immigration consequences, including, among other things, an offense of greater seriousness, and the prosecution declined the offer. Upon a prima facie showing of the above-described circumstances, the bill would require the court to order a hearing and would require the prosecution to demonstrate good cause for the failure to offer a plea that would avoid adverse immigration consequences. If the court finds that the prosecuting attorney failed to establish good cause at the above-described hearing, the bill would require the court to impose an appropriate remedy, as specified. By imposing additional duties on local prosecutors, 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 provides various benefits, including grant programs and tax credits. Existing law, the California Values Act, generally prohibits California law enforcement agencies from using their moneys or personnel for immigration enforcement purposes, except as specified. This bill would prohibit a business entity that is directly invested in, owns, operates, or manages a private detention facility, or that contracts with the federal government for immigration enforcement purposes, as specified, from receiving any state-provided grant or loan, as specified. The bill would also prohibit a disqualified taxpayer, as defined, from receiving any tax credits, except as provided. The bill would define "disqualified taxpayer" to mean a taxpayer that is directly invested in, owns, operates, or manages a private detention facility, or a taxpayer that contracts with a private detention facility or agency engaging in immigration enforcement, as specified. The bill would not apply these provisions to a provider of health care, as defined, that contracts with a private detention facility or agency engaging in immigration enforcement, as specified. The bill would establish the Due Process for All Fund and would require the Controller to transfer each year from the General Fund to the Due Process for All Fund the amount of tax collected that is attributable to business entities being made ineligible for tax credits by this bill. The bill would make moneys in the fund available upon appropriation by the Legislature for immigration-related services and programs. 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.
Existing law, subject to available funding, provides legal counsel to immigrant youth in the State of California. Existing law requires the State Department of Social Services to allocate funding for these purposes, and requires the department to consider whether federal funding has been made available and dispersed to organizations or relevant projects in the state in determining the amount and allocation of contracts awarded. Existing law requires the department to contract with qualified nonprofit legal services organizations, or public defender offices, that meet certain requirements to provide legal counsel to immigrant youth. This bill would, subject to the availability of funding, similarly provide legal counsel to every covered individual subject to certain immigration proceedings if that individual is not otherwise being provided counsel, as specified. The bill would define a covered individual to include an individual who is not represented by counsel and who satisfies the indigency requirements established by the administrator and one or more of certain specified criteria relating to the connection of them or their immigration case to the State California. The bill would require the department to establish the office of the administrator within the department to oversee implementation of these provisions. The bill would require the provisions to be implemented by the administrator, or their designee, by January 1, 2027, and would specify the duties and authorities of the administrator, or their designee, with regard to implementation, including, among others, the authority to develop and implement a phase-in plan. The bill would require the administrator, or their designee, to contract to provide legal counsel for covered individuals with qualified nonprofit legal services organizations or public defender officers that meet the requirements referred to above, or with private firms or private attorneys who meet the criteria for participation in a private attorney panel. The bill would require the administrator to annually submit a report to the Legislature regarding the implementation of these provisions.
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 prohibits a city, county, city and county, or public agency from approving or signing a deed, instrument, or other document related to a conveyance of land or issuing a permit for the building or reuse of existing buildings by any private corporation, contractor, or vendor to house or detain noncitizens for purposes of civil immigration proceedings, unless the city, county, city and county, or public agency has given notice to the public of the proposed conveyance or permitting action at least 180 days before execution of the conveyance or permit and solicited and heard public comments on the proposed conveyance or permit action in at least 2 separate meetings open to the public. This bill would revise and recast those provisions to prohibit a city, county, city and county, or public agency from approving or executing, among other documents, any document signifying the public entity's approval for the building or reuse of existing buildings by any private corporation, contractor, or vendor to house or detain a person for purposes of civil immigration custody before the public entity has given notice to the public of the proposed action 180 days before execution or approval of the proposed action, promptly provided access to any documents related to the proposed action, as provided, and solicited and heard public comments on the proposed action in at least 2 separate meetings open to the public. The bill would prescribe the contents, the posting and publication, and the broadcast of the public notice. The bill would also prescribe the conduct of the meetings. The bill would make these provisions apply to a charter city and independently to a public entity. 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.
Existing law contains numerous provisions governing the qualifications, standards, and training of peace officers. Existing law specifies circumstances that disqualify a person from holding office or being employed as a peace officer, including, among other things, having been convicted of a felony. This bill, the GTFO Act, would, commencing January 1, 2028, disqualify from being a peace officer a person previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement, as defined, except as specified. Existing law requires each class of public officers or employees declared by law to be peace officers to meet specified minimum standards, including that they be 18 years of age or older, be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose a criminal record, and be of good moral character, as determined by a thorough background investigation. This bill would, for purposes of those background investigations, authorize a hiring agency to consider news articles, verified social media posts, filings of civil complaints, and other verified sources. This bill, for purposes of an applicant who was previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement, would require the hiring agency to complete the background investigation before the candidate participates in a Peace Officer Standards and Training (POST) basic course. The bill would require the hiring agency to review the background investigation and determine if the individual is suitable to enter the POST basic course subject to certain suitability standards adopted by the Commission on Peace Officer Standards and Training. This bill would require every applicant seeking appointment as a peace officer or enrollment in a POST basic course to submit to the hiring agency a declaration submitted under penalty of perjury that states whether the applicant has, at any time been employed as a sworn law enforcement officer or individual contractor that personally engaged in immigration enforcement, as specified. By requiring this statement to be made under penalty of perjury, the bill would expand the scope of a crime and impose a state-mandated local program. Existing law, the State Civil Service Act, requires that the employment procedures of the Department of Human Resources (CalHR) and of each state agency conform to the federal and state laws governing employment practices, including the use of employment forms. Existing law requires employment forms used by a state agency to require a person applying for employment to disclose whether the person has entered into an agreement with the state regarding any previous employment with the state that prohibits the person from seeking or accepting any subsequent employment with the state. This bill would additionally require the above-described employment forms to require a person applying for employment to disclose whether the person has been employed as a sworn law enforcement officer or individual contractor that personally engaged in immigration enforcement, as defined. Existing law authorizes CalHR or a designated appointing power to refuse to examine or, after examination, to refuse to declare as eligible, or to withhold or withdraw from certification, prior to appointment, anyone who meets certain criteria, such as a person who has misrepresented themselves during the application process. This bill would add to these criteria a person who was previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement, as defined, except as specified. Existing law makes a person ineligible to hold office or employment of any kind with the state, or any county, city, district, or other political or governmental unit of the state, if the person has by oath bound themselves to support, maintain, or further the military or political activities or policies of a foreign government, as specified, or to obey the orders or directions of any foreign government or its officials. This bill, commencing January 1, 2028, would make a person ineligible to hold public employment, including employment with a city, county, district, or any other public agency of the state, because the person was previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement, as defined, except as specified. Existing law requires the Commission on Peace Officer Standards and Training to establish a certification program for peace officers. Existing law requires, for each applicant for admission to a basic course of training certified by the commission that includes the carrying and use of firearms, who is not sponsored by a local or other law enforcement agency or is not a peace officer employed by a state or local agency, department, or district, to submit written certification from the Department of Justice that the applicant is eligible to possess, receive, own, and purchase a firearm pursuant to state and federal law. This bill would, for purposes of an applicant for the basic course who was previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement, require the commission to deny suitability for enrollment in the basic course, unless the commission receives notice from the hiring agency granting the applicant's suitability, as specified. The bill, by January 1, 2028, would require the commission to adopt, by regulation, a definition of "suitability," as specified. Existing law requires any background investigation of a candidate for a peace officer position to include an inquiry into whether the candidate has engaged or is engaging in membership in a hate group. This bill would require the background investigation to include an inquiry into whether the candidate has engaged in immigration enforcement. By increasing the duties of local agencies, this bill would impose a state-mandated local program. The bill would make the provisions of the act severable. 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. This bill would incorporate additional changes to Section 1029 of the Government Code proposed by AB 1627 to be operative only if this bill and AB 1627 are enacted and this bill is enacted last. The bill would also incorporate additional changes to Section 13510.8 of the Penal Code proposed by AB 2337 to be operative only if this bill and AB 2337 are enacted and this bill is enacted last. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law generally regulates various business activities and practices related to consumer rights. Existing law requires law enforcement and state and local governments to interact with and report on federal action against individuals based on their perceived or actual immigration status in various specified manners. This bill would require a large retail store doing business in this state, as defined, to provide the Attorney General with copies of specified documentation related to immigration enforcement activity, as defined, that occurs on the large retail store's premises, including copies of any video footage, upon receipt of an administrative subpoena, as specified. The bill would exempt documentation submitted as described above from the California Public Records Act. The bill would require the large retail store to preserve the documentation described above, as specified. The bill would also require the large home improvement retailer to disclose on the retailer's internet website certain information, including any policies and practices the large home improvement retailer maintains that relate to immigration enforcement activity on its premises, as specified. The bill would also require the large retail store to provide the county in which the immigration enforcement activity occurred with access to the above-described documentation, as specified. In connection with that requirement, the bill would require every county board of supervisors to select that appropriate agency in the county to have the authority to access that documentation. By imposing new duties on counties, the bill would impose a state-mandated local program. The bill would authorize the Attorney General or a county counsel to bring an action for injunctive relief for a violation of the above provisions. The bill would repeal its provisions on January 1, 2030. The bill would make related findings and declarations and would declare the severability of its provisions. 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. 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. 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.
