CalWORKs: temporary absence: immigration detention

Detention will not reduce a qualifying family’s CalWORKs assistance solely because the detained member is temporarily away, provided the statutory conditions are met.

What the law does ​

• Treats a child or other CalWORKs assistance-unit member held in a federal immigration detention facility as temporarily absent for the detention period.
• Keeps the assistance unit eligible for aid and services if remaining members remain eligible, the detained person is otherwise eligible, and an out-of-state detainee intends to return to California after release.
• Allows an applicant’s or recipient’s written sworn statement to establish that a household member is in immigration detention.
• Authorizes the State Department of Social Services to issue county instructions until formal regulations are adopted.
• Takes effect July 1, 2027, or when the Statewide Automated Welfare System can implement the change, whichever is later.

Who it affects ​

• CalWORKs assistance units with a child or other member detained in a federal immigration detention facility.
• County CalWORKs administrators.

Context ​

The law retains the existing temporary-absence rule for children receiving hospital medical or surgical care.