SB841 - Immigration enforcement.

Amended IN Assembly June 19, 2025 Amended IN Assembly June 12, 2025 Amended IN Senate April 10, 2025 Amended IN Senate March 26, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 841 Introduced by Senator Rubio (Principal coauthor: Senator Cervantes) (Principal coauthor: Assembly Member Gipson) (Coauthor: Senator Arreguín) February 21, 2025 An act to add Section 17974.7 to the Health and Safety Code, to add Section 13837.5 to the Penal Code, and to add Section 18296.5 to the Welfare and Institutions Code, relating to immigration. LEGISLATIVE COUNSEL'S DIGEST SB 841, as amended, Rubio. Immigration enforcement. The State Housing Law, among other things, requires the Department of Housing and Community Development to adopt, amend, or repeal rules and regulations for the protection of the health, safety, and general welfare of the occupant and the public relating to specified residential structures. Existing law provides for the inspection of homeless shelters and makes a violation of these provisions a crime. Existing law requires the Office of Emergency Services to, in collaboration with an advisory committee, administer sexual assault/rape crisis center victim services programs and provide grants to proposed and existing sexual assault services programs that are operating a local rape victim center. Existing law generally makes a violation of the Penal Code a misdemeanor. Existing law requires domestic violence shelter-based program staff to work with social service agencies, schools, and law enforcement agencies in an advocacy capacity. This bill, the Keep Safe Spaces Safe Act, would prohibit, to the extent possible, an employee of a homeless shelter, rape crisis center, domestic violence shelter, family justice center, or human trafficking service provider from allowing access to the nonpublic areas of those facilities, except as required by state or federal law, for immigration enforcement activity, as defined, unless specified criteria are met, including a valid judicial warrant. This bill would provide that its provisions are severable. By creating a new crime, this bill would impose a state-mandated local program. 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. This bill would provide that no reimbursement is required by this act for a specified reason. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Keep Safe Spaces Safe Act. SEC. 2. Section 17974.7 is added to the Health and Safety Code, to read: 17974.7. (a) Except as required by state or federal law, or as required to administer a state or federally supported homeless shelter, an employee of a homeless shelter shall not, to the extent possible, allow access to the nonpublic areas of the site of a homeless shelter for immigration enforcement activity without a valid judicial warrant or court order. The director of the homeless shelter, or their designee, shall grant access if provided all of the following: (1) A valid identification. (2) A written statement of purpose. (3) A valid judicial warrant. (b) For the purposes of this section, “immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States. SEC. 3. Section 13837.5 is added to the Penal Code, to read: 13837.5. (a) Except as required by state or federal law, or as required to administer a state or federally supported rape crisis center, an employee of a rape crisis center shall not, to the extent possible, allow access to the nonpublic areas of the site of a rape crisis center for immigration enforcement activity without a valid judicial warrant or court order. The director of the rape crisis center, or their designee, shall grant access if provided all of the following: (1) A valid identification. (2) A written statement of purpose. (3) A valid judicial warrant. (b) For the purposes of this section, “immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States. SEC. 4. Section 18296.5 is added to the Welfare and Institutions Code, to read: 18296.5. (a) Except as required by state or federal law, or as required to administer a state or federally supported domestic violence shelter, an employee of a domestic violence shelter, family justice center, or human trafficking service provider shall not, to the extent possible, allow access to the nonpublic areas of the site of a domestic violence shelter, family justice center, or human trafficking service provider for immigration enforcement activity without a valid judicial warrant or court order. The director of the domestic violence shelter, family justice center, or human trafficking service provider, or their designee, shall grant access if provided all of the following: (1) A valid identification. (2) A written statement of purpose. (3) A valid judicial warrant. (b) For the purposes of this section, “immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States. SEC. 5. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SEC. 5. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.