Lawmakers and the hot ICE summer

The California Legislature has been on its annual summer recess, but the ongoing feud with President Donald Trump has not taken any time off. And while redistricting has taken center stage for the moment, when lawmakers return next week they will also have a full package of bills addressing interactions with the federal Immigrations and Customs Enforcement agency (ICE) to consider forwarding to Gov. Gavin Newsom.

The bills range from blocking ICE agents’ access to nonpublic areas of schools, hospitals, homeless shelters and domestic violence centers without a warrant; to prohibiting healthcare providers, cities and counties from sharing the immigration status information of patients and street vendors with federal authorities; to prohibiting law enforcement from wearing masks or face coverings.

While much of this legislation is simply reinforcing pre-existing law with additional protections, lawmakers have established it as necessary due to many of these raids being conducted without presentation of warrants and in subsequent violation of the constitutional right to due process.

It also attempts to reinstate the Biden administration’s “sensitive locations” memo on a state level — which was rescinded by the Trump administration on January 21 — as it had deemed raids at schools, hospitals, courthouses and other locations off-limits to immigration enforcement.

“Victims are skipping court hearings. Shelters are seeing women disappear even as they’re on their way to pick up their restraining order,” said Senator Susan Rubio, author of SB 841. “…If we stop someone from walking into any of these safe spaces, we have failed them. What we are doing is we’re siding with the criminals in that case.”

Christopher Negri, Associate Director of Policy at the California Partnership to End Domestic Violence, an organization that supports SB 841, says he too has seen a decline in domestic violence victims seeking help.

“We’ve heard from some of our agencies that they have observed decreases in demands for their services among certain clients,” Negri said. “I have heard of survivors being less willing to show up to court in particular, which is concerning because that’s the place where one would file for a protective order or deal with a child custody case.”

While the fate of the aforementioned package of bills remains to be seen amidst looming federal pushback, California lawmakers stand on strong ground, according to UC Berkeley School of Law Dean Erwin Chemerinsky.

While redistricting has taken center stage for the moment, when lawmakers return next week they will also have a full package of bills addressing interactions with the federal Immigrations and Customs Enforcement agency (ICE) to consider forwarding to Gov. Gavin Newsom.

“State and local governments do not have to cooperate with the federal government,” said Chemerinsky. “The federal government can’t make them do so, but they [local authorities] can’t interfere with ICE when it’s performing its duties.”

However, Chemerinsky noted that if the bills are passed and ICE officials enter these facilities without warrants, state and local law enforcement would be able to block them from entering.

Chemerinsky also said that the state government can have a general law that applies to all law enforcement, but that it can’t place a substantial burden on the federal government. However, he noted that because these bills are just enforcing pre-existing law, they do not qualify as a substantial burden.

“The Constitution is clear that the police can’t enter a dwelling without a warrant based on public laws, subject to some exceptions like the emergency exception,” said Chemerinsky. “To the extent that the state here is just saying to federal, state, local governments: you have to follow the Constitution.”

Legal immigrant representation
In addition to this legislative package, lawmakers have been fighting to include social programs centered around immigration rights in the 2025-2026 budget, such as the Children’s Holistic Immigration Project, or CHIRP.

Started in 2022 as a pilot program to provide lawyers and social workers to unaccompanied immigrant minors facing deportation, CHIRP was originally slated to last just through summer 2024. However, its timeline was extended to this June by a one-time $4.2 billion boost from the California Department of Social Services.

As Gov. Gavin Newsom proposed cuts to some immigrant social services to address the $12 billion budget deficit, the program was expected to be discontinued. And yet, CHIRP made it into the final cut of the budget at the end of June.

“Around when the budget for the legislature was released, that’s also when the LA rage exploded,” said Hortencia Rodriguez, Director of Community Partnerships and Local State Policy for Acacia Center for Justice, the non-profit manager of CHIRP. “The National Guard was deployed to Los Angeles, so there was a reawakening of the urgency of why these legal services are so important at this time.”

Although Acacia — alongside various Democratic lawmakers — has been advocating for more investment in immigration legal services since the special session in December, Rodriguez said they received much less funding than they had hoped for.

According to Rodriguez, they specifically asked for a total of $60 million to be split evenly between the two years, but only received $10 million in total. Rodriguez detailed that they asked for this amount of state funding “as a safety net” for the potential $20 million loss in federal funding for nearly 30 legal service providers for unaccompanied migrant children across California.

This ongoing federal divestment has put other programs that they manage, like the Unaccompanied Children’s Program, in jeopardy. Although services have still been allowed to resume under its preliminary injunction, the long-term future of the program remains uncertain. If funding is cut, organizations will have to withdraw from many ongoing cases with young clients at risk of being detained and deported, leaving them to fend for themselves in court.

“It’s well-documented that the current administration’s objective is to dismantle due process as a whole, but specifically also targeting migrant children,” said Rodriguez. “So we really needed to pressure the state of California to step up in this moment and protect especially those active cases.”

However, their financial shortcomings combined with the reported increase in need for immigrant legal aid has created a unique situation of vulnerability.

“It’s well-documented that the current administration’s objective is to dismantle due process as a whole, but specifically also targeting migrant children.”

“Many of the organizations that are funded under this program have massive waitlists,” said Rodriguez. “There’s just not enough capacity at this time to represent every child in need… So to have that federal funding eliminated means capacity will drop, as we’re seeing an exponential, explosive need in immigration legal services across the board.”

According to Jeannette Zapitin, immigration attorney and Director of Policy and Advocacy for the Coalition of Human Immigrant Rights Los Angeles, their organization has also noted a general uptick in the need for legal immigration services, specifically in Los Angeles County.

Rodriguez attributed this surge in need to the actions of the Trump administration, noting their dismantling of statutory protections, on-the-ground targeting, and attempts to terminate the Flores Settlement Agreement, which establishes guidelines the federal government has to abide by when holding minors in detention.

“It’s all being combined to superpower deportations in the most hidden and illegal ways possible,” said Rodriguez. “Kids are going to be at risk of being lost in the system and potentially ending up in a country that they’ve never been in, and that’s a really dangerous situation.”

Immigration-related bills up for consideration include:
SB 48: Authored by Sen. Lena Gonzalez (D-Long Beach), this bill would prohibit school districts, county offices of education, and charter schools from granting immigration authorities access to nonpublic areas of school sites and providing them with any information about a student, their family, employee or teacher, unless they possess a valid judicial warrant or court order, identification, and a written statement of purpose.

The bill has passed the Senate and is currently working through the Assembly.

SB 81: Authored by Sen. Jesse Arreguín (D-Berkeley), this bill would revise the definition of confidential medical information in accordance with The Confidentiality of Medical Information Act (CMIA) to include immigration status and place of birth. This would prohibit a healthcare provider, health care service plan, or contractor from disclosing this information to immigration authorities, as well as allowing them access to nonpublic areas of the providers’ facilities, unless they possess a valid search warrant or court order.

The bill has passed the Senate and is currently working through the Assembly. It was re-referred to the Appropriations Committee on July 17.

SB 841: Authored by Sen. Susan Rubio (D-West Covina), this bill, labeled the ‘Keep Safe Spaces Safe Act’, would prohibit an employee of a homeless shelter, rape crisis center, domestic violence shelter, family justice center, or human trafficking service provider from allowing immigration authorities access to nonpublic areas of these facilities, unless they possess a valid judicial warrant.

The bill has passed the Senate and is currently working its way through the Assembly. It was last revised by its coauthors on July 16.

SB 313: Authored by Sen. Sabrina Cervantes (D-Riverside), this bill would require the birthplace of each parent on a birth certificate to be shielded from the publicly viewable portion of the document and kept confidential.

The bill has passed the Senate and is currently working through the Assembly. It was last revised by its coauthors on July 9.

SB 635: Authored by Sen. María Elena Durazo (D-Los Angeles), this bill would prohibit local authorities from allowing immigration enforcement agents access to local records that include personally identifiable information of any sidewalk vendors without a subpoena or judicial warrant, as well as providing that information upon request for immigration enforcement unless they possess a valid judicial warrant.

It would also prohibit local authorities from inquiring into or collecting information about an individual’s immigration or citizenship status, place of birth, or individual criminal history, or requiring an applicant to submit fingerprints or a background check as part of a permit or business license application, or regulating compact mobile food operations.

The bill has passed the Senate and is currently working through the Assembly. It was last revised by its coauthors on July 16.

SB 627: Authored by Sen. Scott Wiener (D-San Francisco), Sen. Jesse Arreguín (D-Berkeley), Sen. Mike McGuire (D-Santa Rosa), and Sen. Sasha Renée Pérez (D-Pasadena), this bill would make it a crime for a law enforcement officer to wear a facial covering in the performance of their duties, except as specified.

The bill would define a law enforcement officer as anyone designated by California law as a peace officer and any officer acting within or on the behalf of a federal law enforcement agency.

The bill has passed the Senate and is currently working through the Assembly. It was re-referred to the Appropriations Committee on July 17.

SB 805: Authored by Sen. Sasha Renée Pérez (D-Pasadena) and Sen. Scott Wiener (D-San Francisco), this bill would clarify that a peace officer includes a federal law enforcement officer, for purposes of applying the offenses of impersonating one at the local or state level to it.

This bill would also require all law enforcement officers operating in California — including federal ones — that are not uniformed to have visibly displayed identification that includes their agency and name or badge number when performing enforcement duties, except as specified.

Furthermore, the bill would authorize a peace officer to request an alleged law enforcement officer to present identification when there is probable cause or reasonable suspicion to believe they have committed the crime of impersonating a peace officer.

The bill would additionally prohibit a person authorized to apprehend a bail fugitive from using that position for immigration enforcement purposes, or disclosing personally identifiable information of any bail fugitive for those purposes.

The bill has passed the Senate and is currently working through the Assembly. It was last revised by its co-authors on July 18.

SB 281: Authored by Sen. Sasha Renée Pérez (D-Pasadena), this bill would require that, prior to acceptance of a guilty plea or nolo contendere, courts advise defendants verbatim 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.

The bill has passed the Senate and is currently working through the Assembly. It was last amended on July 15.

AB 419: Authored by Asm. Damon Connolly (D-San Rafael), this bill would require the governing board or body of a local educational agency to post information related to immigration enforcement on their websites and within the administrative buildings.

This information would include the law that prohibits school officials and employees of a local educational agency from collecting information or documents regarding citizenship or immigration status of pupils of their family members, except as required by state or federal law. It would also provide information to parents and guardians regarding their children’s rights to a free public education, regardless of their immigration status or religious beliefs.

The bill has passed the Assembly and is currently working through the Senate. It was re-referred to the Committee on Appropriations on July 8.

AB 1136: Authored by Asm. Liz Ortega (D-Hayward), this bill would require each employee, upon request, to be released by their employer for up to 5 unpaid working days in order to attend any proceedings that require the employees’ presence and concern their immigration status, work authorization, visa status, or other immigration-related matters.

The bill would also require any post-introductory employee whose employment was terminated due to inadequate documentation of work authorization to be immediately reinstated to their prior position, without loss in seniority and subject to producing proper work authorization. If the employee needs additional time, the employer is required to rehire them into their next available opening for the employee’s former job.

Additionally, if an employee has been detained or incarcerated due to pending immigration or deportation proceedings, the employer will be required to place the employee on an unpaid leave of absence for up to 12 months pending the employee’s release from detainment or incarceration. If the employee is released and provides the appropriate work authorization documents within the leave of absence period, the employer would be required to return to their former position without loss of seniority.

Finally, this bill would prohibit all employers from disciplining, discharging, or discriminating against an employee because of national origin, immigration status, or being subject to immigration or deportation proceedings. As long as the employee is authorized to work in the United States, the bill would prohibit them from being discharged solely because of these proceedings.

The bill has passed the Assembly and is currently working through the Senate. It was last amended and re-referred to the Committee on Appropriations on July 17.

SB 670: Authored by Sen. Sabrina Cervantes (D-Riverside), this bill would require immigrant integration to be defined as the purposes of the Adult Education Program.

The bill has passed the Senate and is currently working through the Assembly. It was re-referred to the Committee on Appropriations with a recommendation to go to the consent calendar on July 17.

SB 307: Authored by Sen. Sabrina Cervantes (D-Riverside), this bill would require the Trustees of the California State University and request the Regents of the University of California to implement additional precautionary measures around federal immigration enforcement. This would include the adoption of a systemwide policy addressing course grades, administrative withdrawal, and reenrollment for undocumented students who are unable to attend their courses by the final drop date due to immigration enforcement activity.

The bill has passed the Senate and is currently working through the Assembly. It was ordered to a third reading on July 17.

SB 580: Authored by Sen. María Elena Durazo (D-Los Angeles), this bill would require the Attorney General to publish model policies for limiting assistance with immigration enforcement and recommendations for databases operated by state and local agencies to limit the availability of their information for the purposes of immigration enforcement, consistent with federal and state law and on or before July 1, 2026.

This bill would require state and local agencies to implement these model policies and adopt the guidance on or before January 1, 2027.

The bill has passed the Senate and is currently working through the Assembly. It was re-referred to the Committee on Appropriations on June 24.

SB 98: Authored by Sen. Sasha Renée Pérez (D-Pasadena), this bill would require all superintendents of school districts and county offices of education and principles of charter schools to notify all teachers, staff, other school employees, parents, and guardians when the presence of immigration enforcement is confirmed on campus.

This bill would also require the same of the educational entities and campuses of the Trustees of the California State University, the governing boards of community college districts, independent institutions of higher education that qualify for the Cal Grant Program, and the Regents of the University of California.

The bill has passed the Senate and is currently working through the Assembly. It was re-referred to the Committee on Appropriations on July 9.

AB 450: Authored by Asm. Juan Carrillo (D-Palmdale), this bill would require the California Department of Aging, in conjunction with the State Department of Social Services, to oversee a stakeholder process to support findings and recommendations on how to best support older and aging immigrants, regardless of their immigration status, by July 1, 2028.

The bill has passed the Assembly and is currently working through the Senate. It was amended and re-referred to the Committee on Appropriations on July 9.

AB 1261: Authored by Asm. Mia Bonta (D-Oakland), this bill would require the state to provide legal counsel to each unaccompanied undocumented minor in the physical custody of the federal Office of Refugee Resettlement and present in California or residing with a family member or other sponsor in California.

The bill would also require the department to contract with nonprofit legal services organizations that have experience representing individuals in removal proceedings and asylum applications; or offices of public defenders that have an immigration unit or contracts with an immigration attorney with at least 3 years of experience and expertise in providing legal representation to clients in civil immigration matters before the United States Department of Homeland Security.

The bill has passed the Assembly and is currently working through the Senate. It was re-referred to the Committee on Appropriations on July 8.

AB 1348: Authored by Asm. Jasmeet Bains (D-Bakersfield), this bill would require the Superintendent of Public Instruction to estimate the average daily attendance, if that of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of immigration enforcement activities.

The bill has passed the Assembly and is currently working through the Senate. It was amended and re-referred to the Committee on Appropriations on July 10.

AB 695: Authored by Asm. Mike Fong (D-Alhambra), this bill, the California Community Colleges Access and Continuity for Deported Students Act, would exempt a community college student from paying nonresident tuition if the student departs the United States on or after January 1, 2025, was not paying nonresident tuition at departure, and provides an attestation of specified information related to departure.

The bill would also require that a deported student who resumes in-person education at a community college would be eligible to apply for financial aid upon reenrollment, as well as be eligible to keep their residency status in order to determine tuition and fees, so long as they were previously classified as a resident.

The bill has passed the Assembly and is currently working through the Senate. It was last amended and re-referred to the Committee on Appropriations on July 16.

Emily Hamill is an intern with Capitol Weekly’s Public Policy Journalism Internship program.