AB2271 - Immigrant benefits: loss of income: federal DHS enforcement.

Amended IN Assembly March 23, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 2271 Introduced by Assembly Member Garcia February 19, 2026 An act to add Division 8 (commencing with Section 11200) to the Labor Code, relating to immigration. benefits. LEGISLATIVE COUNSEL'S DIGEST AB 2271, as amended, Garcia. Immigration. Immigrant benefits: loss of income: federal DHS enforcement. Existing law requires the Employment Development Department to implement and administer the unemployment insurance program within this state, and provides for the payment of unemployment compensation benefits to eligible individuals who are unemployed through no fault of their own. Under existing federal law, a state may provide state or local public benefits, including unemployment benefits, to otherwise ineligible aliens or immigrants, as specified, only through a state law enacted after August 22, 1996, which affirmatively provides for such eligibility. This bill would establish the Immigration Enforcement Emergency Relief Program administered by the department, as specified. The bill would establish the Immigration Enforcement Emergency Fund within the State Treasury for the purposes of the program and would make all moneys in the fund available, upon appropriation by the Legislature, for purposes of the program. This bill would declare that it is a state law enacted to provide benefits to otherwise ineligible aliens or immigrants as set forth in the above-referenced federal law. This bill would require the department, by July 1, 2027, to promulgate regulations to implement the program, including regulations to establish, among other things, a process by which individuals or qualifying beneficiaries may apply for program benefits. The bill would authorize a regulation adopted as described above to be adopted as an emergency regulation, as specified. The bill would require the department to begin accepting applications for program benefits, as defined, as soon as is practicable following the above-described promulgation of regulations. This bill would impose specified requirements on the collection and use of personal information, as defined, for purposes of the program, including, but not limited to, requiring that the department establish procedures and safeguards against unauthorized access to, and use of, that personal information, as specified. The bill would make personal information and documents collected for purposes of the program confidential and exempt from disclosure, as specified. The bill would require an individual, as defined, filing a new claim for program benefits to be advised of certain information, including that the program benefits are subject to federal income taxation. This bill would entitle an individual eligible to receive program benefits to payment every 14 days for each week during which the individual qualified, calculated as prescribed, not to exceed 20 cumulative weeks. The bill would base the determination of an individual’s eligibility for program benefits for each week on the presence of certain conditions, including, but not limited to, that the individual suffered a loss of earned income, as defined, caused by certain actions by the United States Department of Homeland Security. This bill would condition implementation of the program upon an appropriation by the Legislature. The bill would declare its provisions severable and would make various findings and declarations related to the necessity and purpose of the program. The bill would make findings and declarations related to a gift of public funds. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. Existing law, subject to certain exceptions, prohibits state and local law enforcement agencies, including school police and security departments, from using money or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, as specified. This bill would state that it is the intent of the Legislature to enact legislation to create a fund that will serve as a vehicle for financial relief for immigrants suffering loss of employment as a result of being affected by immigration enforcement activities. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) California is home to nearly 11,000,000 immigrants, the nation’s largest by population and proportion, who enrich our communities, strengthen our economy, and contribute to the cultural and social fabric of the Golden State. Immigrants play a vital role in stimulating the economy as workers, business owners, taxpayers, and consumers. Their contributions boost national economic growth and lower the United States deficit. Immigrants help power the fourth largest economy in the world, sourcing one-half of a trillion dollars’ worth of products. Immigrants also make up the vast majority of California’s agricultural workers, and fuel key industries like manufacturing, construction, and hospitality. California’s undocumented immigrants contributed $8.5 billion dollars in state and local taxes in 2022 and play a vital role in stimulating the state’s economy. (b) United States Immigration and Customs Enforcement (ICE), along with armed federal agents, have conducted military-style immigration raids and arrests at work sites, homes, and public spaces, creating a climate of fear among immigrants going to work, dropping their children off at school, attending faith services, seeking medical or emergency services, or shopping for essential needs. Recent immigration raids have been fueled by arbitrary detention quotas, unconstitutional search and seizures, blatant violations of court orders, and discriminatory racial profiling. Immigration raids disproportionately affect communities of color, separate families, undermine public safety and trust in local governments, and deter families from accessing health care, education, and emergency assistance. The federal escalation appears to be part of a deliberate strategy to provoke chaos, suppress and criminalize dissent, and terrorize immigrants across California and the nation, regardless of their legal status. The federal administration has signaled an intention to continue nationwide immigration raids and arrests, creating an ongoing threat and danger to California families, workplaces, and neighborhoods. (c) Immigration raids and the fear of immigration raids threaten the economic security of millions of Californians, many of whom are ineligible for unemployment insurance to replace household income lost when they miss work due to federal immigration activities. Children and families are also impacted when a parent or a member of their household loses income and may be forced to accumulate debt or forego basic necessities like food or medical care. California’s economy suffers from lost income. Recent research finds that California experienced a 2.9-percent decline in private sector employment in the months following peak escalations in federal immigration enforcement, a rate of decline comparable only to the Great Recession and the onset of the COVID-19 pandemic. These declines are most concentrated in areas experiencing the most aggressive immigration enforcement activities. (d) Earned income replacement programs help to alleviate the inherent reduction in consumption and economic activity that results from lost wages. SEC. 2. Division 8 (commencing with Section 11200) is added to the Labor Code, to read: DIVISION 8. Immigration Enforcement Emergency Relief Program CHAPTER 1. General Provisions 11200. This division shall be known, and may be cited as, the Immigration Enforcement Emergency Relief Program. 11201. The Legislature finds and declares all of the following: (a) The purpose of this division is to provide earned income replacement benefits to Californians who have lost income due to federal immigration enforcement activities but who have not received state or federal unemployment insurance benefits from programs administered by the department. (b) It is the intent of the Legislature to authorize persons who are not lawfully present in the United States, as members of the class of workers excluded from unemployment insurance benefits, to participate in and receive program benefits from the Immigration Enforcement Emergency Relief Program. (c) In connection with subdivision (b), this division is a state law that may provide assistance and services for individuals not lawfully present in the United States within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code. 11202. For purposes of this division, the following definitions shall apply: (a) “Department” means the Employment Development Department of the Labor and Workforce Development Agency. (b) “DHS” means the United States Department of Homeland Security, including its employees and agents. (c) “Director” means the Director of Employment Development. (d) “Earned income” means any and all compensation for services whether performed as an employee or as an independent contractor, in addition to any and all compensation obtained by self-employment. (e) “Individual” means a person who is applying for or receiving disbursements pursuant to this division, including a minor, or a person who is qualified to receive benefits pursuant to this division but who is unable to apply and is being represented by a qualifying beneficiary. (f) “Personal information” means any type of information that identifies or describes an individual, including, but not limited to, the individual’s name, social security number, taxpayer identification number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual. (g) “Program benefits” means money payments payable to an individual pursuant to this division. (h) “Qualifying beneficiary” means a household member of an individual who is otherwise unable to apply on their own behalf, or a parent, guardian, or adult relative of an eligible minor household member who cannot apply on their own behalf. 11207. The implementation of this division is contingent upon an appropriation by the Legislature for this purposes in the annual Budget Act or other enactment. CHAPTER 2. Administration 11210. (a) The Immigration Enforcement Emergency Fund is hereby established within the State Treasury and shall be administered by the department. (b) All money in the Immigration Enforcement Emergency Fund shall be available, upon appropriation by the Legislature, to carry out the purposes of this division. 11215. (a) (1) By July 1, 2027, the department shall adopt regulations to implement this division, including regulations to establish all of the following: (A) A process by which individuals or qualifying beneficiaries may apply for program benefits. (B) A process for notifying individuals or qualifying beneficiaries of the acceptance or denial of their application in a timely manner. (C) A process for individuals or qualifying beneficiaries to request a review of an application denial. (2) Following the adoption of the regulations, the department shall begin accepting applications for program benefits as soon as practicable. (b) In administering this division, the department shall not do any of the following: (1) Request, orally or in writing, information related to an individual’s nationality, place of birth, or eligibility for a social security number. (2) Compel or request an individual to admit in writing whether they have proof of lawful presence in the United States. (3) Contact an individual’s current, former, or prospective employer for any purpose, including to verify employment status. This paragraph does not prohibit the department from using other means to verify employment status. (4) Record an individual’s immigration or citizenship status. (c) All documents retained for purposes of this division shall not be kept any longer than is necessary to administer this division. (d) A regulation adopted pursuant to this section may be adopted as an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of those regulations is hereby deemed to be an emergency and shall be considered by the Office of Administrative Law as being necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted by the department pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law, and shall remain in effect until repealed by the department. 11216. (a) Personal information and documents collected pursuant to this division are confidential and exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and may be used or disclosed only for purposes of administering this division, except as necessary to comply with an order, warrant, or subpoena, as issued by a court. (b) In performing the duties created by this division, the department shall establish procedures and safeguards against unauthorized access to, and use of, personal information collected by the department pursuant to this division by any public or private person or entity other than an employee of the department or a person or entity acting as an agent for the department for the purpose of administering this division. (c) Notwithstanding any other law, personal information and documents collected under this division shall not be shared with other governmental agencies except as necessary to administer this division. 11217. (a) The department shall provide a person entitled to program benefits under this division the option to receive payments by direct deposit, as regulated under the federal Electronic Fund Transfer Act (EFTA) (15 U.S.C. Sec. 1693 et seq.), into a qualifying account, as defined in paragraph (2) of subdivision (a) of Section 1339.1 of the Unemployment Insurance Code of the recipient’s choice, in addition to other alternative disbursement payment methods, including, but not limited to, debit cards and checks. (b) Program benefits directly de [Text truncated for display. Full text available on Congress.gov.]