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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-01-29</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Bryan</ns0:AuthorText>
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<ns0:Name>Bryan</ns0:Name>
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<ns0:Title> An act to amend Section 11269 of the Welfare and Institutions Code, relating to CalWORKs.</ns0:Title>
<ns0:RelatingClause>CalWORKs</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>CalWORKs: temporary absence: immigration detention.</ns0:Subject>
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<html:p>Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of federal, state, and county funds, each county provides cash assistance and other benefits to qualified low-income families.</html:p>
<html:p>Existing law sets forth provisions for the calculation of the amount of CalWORKs aid eligible to a household based in part on the size of the assistance unit. Under existing law and CalWORKs rules, aid is not affected for a member of the assistance unit who is temporarily absent from the home, and a child who is a patient in a public or private hospital for medical or surgical care is considered temporarily absent from the home for the duration of the hospital stay.</html:p>
<html:p>Under this bill, a child or other member of the assistance unit who is
unlawfully detained in a federal immigration detention facility would be considered temporarily absent from the home for the duration of the detention. Under the bill, the member would be deemed to be unlawfully detained if a report of misconduct by federal agents is submitted to the California Attorney General. The bill would require a county human services agency, upon request, to provide assistance to an applicant or recipient household with submitting that report. The bill would make related legislative findings.</html:p>
<html:p>By creating new duties for counties relating to expanded eligibility under CalWORKs and reporting assistance, the bill would impose a state-mandated local program.</html:p>
<html:p>Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.</html:p>
<html:p>This bill would instead provide that the continuous appropriation would not
be made for purposes of the bill.</html:p>
<html:p>The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.</html:p>
<html:p>This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.</html:p>
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<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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(a)
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The Legislature finds and declares all of the following:
</html:p>
<html:p>
(1)
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All children are precious, and their childhood is sacred and worth protection by the government.
</html:p>
<html:p>
(2)
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Raids by the United States Immigration and Customs Enforcement (ICE) and military occupation have stolen the joy of childhood for countless children and have replaced it with fear and danger.
</html:p>
<html:p>
(3)
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During the first Trump administration, family separations were pursued by taking children from their parents when they crossed the southern border, but this practice was stopped with litigation.
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<html:p>
(4)
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Now, under the second Trump administration, family separation is being deployed as a tactic to terrorize immigrant communities across the country.
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<html:p>
(5)
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In 2025, ICE set a new record for how many children were taken into custody.
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<html:p>
(6)
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There have been several high-profile cases of citizen children and other children with legal status being unlawfully arrested and detained.
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<html:p>
(7)
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Here, in California, Benjamin Guerrero-Cruz, a student at Reseda Charter High School was detained by federal agents while walking his dog. He was held in ICE custody at the Adelanto Detention Center for over three months, causing him to miss the start of his senior year.
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<html:p>
(8)
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This is just one of the dozens of instances
in California where children have been arrested and detained, some violently, some at gunpoint.
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<html:p>
(9)
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These children will forever be impacted by the violence of ICE arrests and detention. As California leaders work to find a resolution to these ICE raids, there are steps that California can take now to protect these youth and their families from economic harm as a result of childhood ICE detention.
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<html:p>
(10)
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California’s CalWORKs program was established to protect the basic needs and lifetime opportunities of children in households that are impoverished.
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<html:p>
(11)
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Due to an existing program rule, a child’s portion of the family’s very small CalWORKs grant must be reduced if the child is placed in an institution, though there are exemptions to this rule for temporary absences as set forth in law.
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<html:p>
(b)
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It is the intent of the Legislature to extend statutory exemptions under the CalWORKs program in order to protect a family with an eligible child detained by ICE from losing portions of their basic needs grant as a result.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 11269 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Num>11269.</ns0:Num>
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<html:p>
(a)
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A child who is a patient in a public or private hospital for medical or surgical care shall be considered temporarily absent from the home for the duration of the hospital stay.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
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A child or other member of the assistance unit who is unlawfully detained in a federal immigration detention facility shall be considered temporarily absent from the home for the duration of the detention.
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<html:p>
(2)
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(A)
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For purposes of this subdivision, a child or other member of the assistance unit shall be deemed to be unlawfully detained in a federal
immigration detention facility if a report of misconduct by federal agents is submitted to the California Attorney General.
</html:p>
<html:p>
(B)
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For purposes of this subdivision, upon request, a county human services agency shall provide assistance to an applicant or recipient household with submitting a report of unlawful detention to the California Attorney General.
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<ns0:Num>SEC. 3.</ns0:Num>
<ns0:Content>
<html:p>No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.</html:p>
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<ns0:Num>SEC. 4.</ns0:Num>
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<html:p>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</html:p>
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