California Governor Gavin Newsom has signed a new law allowing undocumented parents facing possible deportation to designate a guardian for their children in case they are detained by immigration authorities. The measure, Assembly Bill 495, aims to ensure children’s safety and stability if a parent becomes suddenly unavailable due to detention. The move comes amid growing fears within immigrant communities following the Trump administration’s renewed deportation drive.
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Parental Guardianship Amid Deportations
Assembly Bill 495 permits parents to authorize an extended family member as a caregiver to handle essential responsibilities, including enrolling children in school and approving routine medical or dental care. The bill, however, was narrowed from an earlier version that included family friends as potential guardians, after critics warned that such flexibility could be abused.
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Bill Aims to Prevent Childhood Trauma
The bill was introduced in February by Assemblymember Celeste Rodriguez, a Democrat from San Fernando, as immigration enforcement intensified nationwide. “As we have seen, anyone can be detained and deported,” Rodriguez wrote in support of the measure. She emphasized that the legislation provides tools “to ensure stability and prevent additional childhood trauma” for families caught in deportation scenarios.
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Safeguarding Immigrant Families
Governor Newsom said the law reinforces California’s commitment to immigrant families by providing a “safety net” for children. “We are putting on record that we stand by our families and their right to keep their private information safe, maintain parental rights, and help families prepare in case of emergencies,” he stated in his signing message. The governor noted that the law reflects his administration’s broader efforts to protect immigrant communities from the disruptive impact of federal enforcement actions.
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Broader Protection Measures
Last month, Newsom approved a set of laws to restrict immigration agents from entering sensitive locations such as schools and hospitals or disguising their identities while conducting operations. These laws align with California’s ongoing stance against federal immigration crackdowns. According to the Brookings Institution, 2.66 million children in the US live in households with undocumented parents — many of whom fear family separation during immigration raids.
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Restrictions on Data Collection
The new law also bars daycare centers from collecting immigration status information about children or their family members, a policy already enforced in California’s public schools. Supporters say this step is vital to ensure undocumented families feel safe accessing childcare and education without fear of exposure to immigration authorities.
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Opposition from Republicans
Despite its limited scope, the bill faced opposition from Republican lawmakers. State Senator Rosilicie Ochoa Bogh of Yucaipa argued that the current caregiver authorization process lacks sufficient safeguards. “Even though this affidavit does not grant formal legal custody, in any instance where a non-parent needs to step in as a temporary caregiver to a child, I believe that the state has a responsibility to ensure that the adult in question is adequately vetted,” she wrote to the governor, urging a veto.
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Expanding Support for Immigrant Youth
Alongside AB 495, Newsom signed eight additional bills on Saturday to bolster protections for immigrant youth and workers. Among them was Assembly Bill 1261, requiring the state to provide legal assistance to some noncitizen immigrant children. In his signing message, Newsom criticized federal immigration policies under the Trump administration, saying they raise “serious concerns about their commitment to the welfare of children.” He added, “I urge the federal government to take actions that prioritize the safety, stability, and welfare of these children, including their due process rights.”