Civil detainees

Operators of every California civil-detention facility must protect these rights, including at facilities holding people under federal immigration contracts. The Attorney General may inspect facilities, enforce compliance in court, and seek penalties of up to $2,500 per violation.

What the law does ​

• Confirms that people detained for civil immigration proceedings retain constitutional and legal rights unless federal or state law specifically limits them.
• Guarantees immigration civil detainees humane care; least-restrictive mental health care; medical and dental care; protection from abuse, neglect, excessive restraints, isolation, and unnecessary medication; religious practice; exercise; and recreation.
• Requires clean water, working toilets and showers, clean and well-maintained living quarters, and safe, healthy food.
• Provides reasonable access to confidential telephone calls, writing materials, and mail, with protected attorney, court, and government-official correspondence.
• Reaffirms comparable care, sanitation, and food rights for people involuntarily held because of developmental or mental health disabilities.
• Authorizes the Attorney General to seek court orders and civil penalties, and requires facilities to provide access to detainees, staff, records, and premises for compliance observations.

Who it affects ​

• People held in California for civil immigration proceedings, including in state, local, private, and federally contracted locked facilities.
• People involuntarily housed because of developmental or mental health disabilities.
• Operators of California facilities that house or civilly detain these individuals.

Context ​

The law took effect immediately as an urgency statute.