Public agencies: approval: detention facilities

The law expands public review requirements to virtually any local approval needed to build or repurpose a private facility for civil immigration custody. It applies statewide, including charter cities.

What the law does ​

• Bars cities, counties, cities and counties, and their public agencies from approving or executing land conveyances, permits, permit modifications, or other approvals for these facilities until they complete notice, disclosure, and hearing requirements.
• Requires public notice at least 180 days before the action, posted online and at agency headquarters, published locally, broadcast weekly on local radio in the five most-spoken local languages, and provided in those languages.
• Requires notice to include access to related applications, reports, and other documents, with requested records promptly available in paper at headquarters and electronically online unless exempt from disclosure.
• Requires at least two open public meetings, with the first at least 30 business days after notice and the second at least 30 business days later, plus translation for public comment in the most widely spoken non-English local language.

Who it affects ​

• Cities, counties, cities and counties, including charter cities, and their boards, commissions, agencies, and staff.
• Private corporations, contractors, and vendors seeking local approval to build or reuse buildings for civil immigration custody.
• Residents seeking notice, records, translation, and opportunities to comment on proposed facilities.

Context ​

Existing restrictions on new local contracts for civil immigration detention and expansions of existing contract bed capacity remain in place.