Businesses with specified detention facility ties would lose access to state grants, loans, and some tax credits, while related tax amounts could fund immigration services if lawmakers approve spending.
Businesses tied to private detention facilities or immigration enforcement would be barred from state grants and loans in years they meet the bill’s criteria. Health care services for injured or ill detained people are excluded.
Certain taxpayers tied to detention facilities or very large companies providing immigration enforcement services would lose access to specified tax credits while they meet the bill’s criteria. Some nonprofit housing and other listed credits are excepted.
The Controller would transfer estimated tax amounts tied to the credit limits into a new fund for immigration-related services, if lawmakers approve spending. The money could not replace existing state funding.
State agencies would screen grant and loan applicants and deny aid to businesses that meet the bill’s criteria. This covers businesses invested at least 5 percent in, owning, operating, or managing a private detention facility, or contracting to provide covered services to such a facility or an agency engaged in immigration enforcement. The rule would apply in any year the business meets the criteria. Covered services include detention and immigration enforcement support, such as certain technology and training. Health care services for injured or ill detained people are excluded from covered services. The bill also excepts specified tax credits, but does not state that those exceptions restore grant or loan eligibility. The rule would apply in any year the business meets the criteria.
Certain taxpayers would be barred from claiming specified tax credits or credit carryovers. This covers taxpayers that invest in, own, operate, or manage a private detention facility, and qualifying taxpayers related to very large publicly traded companies that contract to provide covered services. The rule covers taxpayers tied to private detention facilities, and taxpayers related to a publicly traded company that contracts to provide covered services and reaches a market value of at least $150 billion on any day after September 30, 2026. Exceptions include specified nonprofit housing credits, credits received by partners or members of certain nonprofit housing ventures, and other listed credits. Health care services for injured or ill detained people are excluded from covered services. Unused credits may carry over to a later year if the taxpayer is no longer disqualified, subject to the bill’s rules. The tax limits would apply to taxable years beginning on or after January 1, 2027. The large-company rule would start with the first taxable year in which its criteria are met.
The Controller would transfer estimated tax amounts into a new fund for immigration-related services and programs. The Controller would transfer the estimated amount from the General Fund to the Due Process for All Fund. The transfer would equal the Franchise Tax Board’s estimate of taxes collected because taxpayers became ineligible for credits. Lawmakers would have to approve spending from the fund. The money could not replace existing state funding for immigration-related services and programs. The first estimate would be due by July 1, 2029, for taxes from two years earlier; estimates would be due by July 1 each year after that.
No hearings or votes scheduled.