California law gives people held for civil immigration proceedings rights to care and safety, and requires facility operators to protect detainees’ rights.
People held for civil immigration proceedings in California have rights to humane care, health services, safe food, clean facilities, and communication, with some limits.
Operators of California facilities holding civil detainees or people held because of developmental or mental health disabilities must protect their rights.
The Attorney General may ask a court to protect detainees’ rights and impose a penalty of up to $2,500 per violation.
The law gives people held for civil immigration proceedings specified rights in locked facilities. These rights cover people held for civil immigration proceedings in California at state, county, local, or private locked facilities, including facilities holding people for federal immigration agencies. Federal or state laws and regulations may specifically limit the general rights. Access to phones, writing materials, and mail may be limited for good cause; phone hours, call length and frequency, and payment methods may also be limited to ensure access for everyone. Letters and documents may be inspected for contraband and mail may be limited under facility policy. Mail to or from an attorney, court, or government official may not be read by anyone other than its addressee. The law took effect immediately.
The law requires facility operators to observe and protect covered people’s rights. This applies to operators of any California facility where people are housed or civilly detained. It covers rights in the listed state laws and regulations, as well as the Civil Code rights for civil immigration detainees. The law took effect immediately.
The Attorney General may sue to protect covered people’s rights and seek court orders or civil penalties. This authority covers the rights provided for civil detainees and people protected under the listed state laws and regulations. A civil penalty may not exceed $2,500 per violation. The Attorney General may also seek other appropriate court relief. The law took effect immediately.
No hearings or votes scheduled.