Attorney General updates policies to protect immigrant communities

December 5, 2024 /

Amid increased threats to California’s immigrant communities, Attorney General Rob Bonta released updated model policies and recommendations to guide public institutions in complying with California law, which limits state and local participation in immigration enforcement activities. 

“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 – and we will not allow safe spaces like libraries, hospitals, and courthouses to be co-opted and commandeered for his inhumane immigration agenda,” said Attorney General Bonta.

The guidance, first issued in 2018, helps staff develop practical plans to protect immigrants and their families’ rights by limiting support for immigration enforcement activities at public institutions.

The updated guidance applies to courthouses, healthcare facilities, colleges and universities, K-12 schools, labor agencies, public libraries, and shelters. State courthouses, public healthcare facilities, and public schools must adopt these policies or their equivalents. Meanwhile, officials strongly encourage other public institutions to follow suit.

“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 stated.

Key Recommendations

The Attorney General’s office announced in a press release that it developed a comprehensive set of model policies to help public institutions mitigate the impact of immigration enforcement actions. These policies, created in collaboration with stakeholders, advocates, and state and local agencies, align with federal and state laws.

The guidelines include:

  • Privacy Protections: Prohibiting unauthorized collection or sharing of citizenship or immigration status information.
  • Notification Rights: Informing individuals and families about their privacy rights when accessing institutional resources.
  • Designated Responders: Directing law enforcement inquiries to trained administrators or legal counsel.
  • Restricted Areas: Identifying nonpublic, restricted spaces within institutions.
  • Documentation: Requiring documentation of all immigration-related requests.
  • Training: Equipping staff with tools to handle immigration-related inquiries properly.

These recommendations aim to protect individuals’ rights and reduce disruptions to public services. Institutions are encouraged to adopt and tailor these policies to their specific needs.

California Values Act

The guidance advises institutions to treat all law enforcement agencies enforcing immigration law uniformly. However, Californians should be aware that Senate Bill 54 (Statutes of 2017)—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 is unlawfully assisting with immigration enforcement, report it to the Attorney General’s office at oag.ca.gov/report.

Community Briefing on Immigrant Rights

The California Department of Justice’s Office of Community Awareness, Response, and Engagement (CARE) will host a community briefing on immigrant rights resources on Friday, January 10, 2025, from 11:00–11:30 a.m. The briefing will provide additional information on the updated guidance and resources available to support immigrant communities. You can register to attend the briefing here.

The full guidance and model policies, updated to be consistent with current state and federal case law, are available at oag.ca.gov/publications#immigration. Institutions are encouraged to adopt these policies to ensure immigrant communities can safely access essential public services.

Victoria Rodgers

Victoria Rodgers is an editor and reporter for Kern Sol News. Born in Bakersfield, CA, she received her Bachelor of Arts in English from Rockford University in Illinois. She can be reached at victoria@southkernsol.org.