In Response to Increased Threats to California Immigrant Communities, Attorney General Bonta Provides Guidance to Public Institutions to Protect Immigrants' Rights Under the Law

In response to the incoming Trump administration’s inhumane threats of mass arrests, detention, and deportations, California Attorney General Rob Bonta issued updated model policies and recommendations to guide public institutions in complying with California law limiting state and local participation in immigration enforcement activities. This guidance, first issued in 2018, is intended to help staff develop practical plans to protect the rights of immigrants and their families to safely access public institutions by limiting support of immigration enforcement activity at these institutions. While the guidance is tailored to certain types of public institutions, any institution that is accessible to the public may choose to adopt a similar policy to protect the rights and safety of their patrons. 

“No matter who is in the White House, in California, we will continue to lead with California values. California is the most diverse state in the nation, and immigrants are the backbone of our economy, history, and culture. We will not be caught flat-footed if the President-elect follows through on his threats of mass deportation,” said Attorney General Bonta. “Many public institutions already have policies in place for how to respond to immigration enforcement authorities – and we advise those who do not to make a plan today. My office will continue to use the full force of the law and every tool at our disposal to protect the rights of California’s immigrants – and we need staff at these critical locations to do the same. We cannot let the Trump deportation machine create a culture of fear and mistrust that prevents immigrants from accessing vital public services.” 

Attorney General Bonta issued updated guidance for courthouses, healthcare facilities, colleges and universities, K-12 schools, labor agencies, public libraries, and shelters. Of these locations, state courthouses, public healthcare facilities, and public schools are required to adopt the model policies or equivalent policies; all other facilities are encouraged to do so. The guidance and model policies, which have been updated to be consistent with all current state and federal caselaw, are available at https://oag.ca.gov/publications#immigration :

1. Guidance and Model Policies to Assist California’s Superior Courts
2. Guidance and Model Policies to Assist California’s Healthcare Facilities
3. Guidance and Model Policies to Assist California’s Colleges and Universities
4. Guidance and Model Policies to Assist California’s K-12 Schools
5. Guidance and Model Policies to Assist the Division of Labor Standards Enforcement, the Agricultural Labor Relations Board, and the Division of Workers Compensation
6. Guidance and Model Policies to Assist California’s Public Libraries
7. Guidance and Model Policies to Assist California Shelters

Each model policy was originally developed in consultation with a wide range of stakeholders, advocates, and state and local agencies, and each: (1) outlines relevant federal and state protections for all individuals seeking access to the public institution; (2) provides policy recommendations that comply with federal and state laws, and that may mitigate disruptions from immigration enforcement actions at the institution; and (3) lists model policies that may be adopted by the institution. Depending on the type of institution, this may include policies to: 

• Prohibit the unauthorized collection or disclosure of information that might indicate an individual’s or family’s citizenship or immigration status;
• Provide notification of individual and family privacy rights to everyone who seeks to use the institution’s resources;
• Refer law enforcement to a designated person or persons, such as an administrator or legal counsel, who will have the authority to respond to immigration enforcement-related requests;
• Identify nonpublic restricted locations within the institution;
• Document all immigration enforcement-related requests; and
• Train workers about the institution’s procedures for handling immigration-enforcement-related requests.

The guidance and model policies advise public institutions to treat all law enforcement agencies that seek to enforce immigration law the same. However, Californians should be aware that Senate Bill 54 (Statutes of 2017) – also known as the “California Values Act” – prohibits state and local law enforcement agencies from assisting with immigration enforcement, with limited exceptions. If you believe a state or local law enforcement agency, a public institution or its staff are unlawfully assisting with immigration enforcement, report it to our office at oag.ca.gov/report.

The California Department of Justice’s Office of Community Awareness, Response, and Engagement (CARE) will be hosting a community briefing on Friday, January 10, 2025, from 11:00-11:30 AM on immigrant rights resources. 

Original source can be found here.