SACRAMENTO, CA – Yesterday, California Governor Jerry Brown signed into law AB 560, a bill authored by Assemblymember Jimmy Gomez barring the consideration of a child's immigration status in civil actions. MALDEF initiated and sponsored the legislation, and thanks Gov. Brown for signing it into law. The law protects minor children who are victims of torts from having their immigration status exposed, explored, and considered in seeking judicial recourse for the harms that they have suffered.
“California depends upon developing the full potential of every future contributor to our state,” stated Thomas A. Saenz, MALDEF President and General Counsel. “No intentional wrongdoer should be sent the message that he can avoid the full consequences of his actions by choosing undocumented victims, and no child should ever be led to understand that California courts value her future less than that of other children.”
The law closes an unintentional loophole in SB 1818, enacted in 2002, which was designed to protect the rights of California workers by limiting the consideration of immigration status in cases by workers to enforce employment and other laws. MALDEF initiated an effort to close the loophole after the Los Angeles Unified School District argued to the state court that the immigration status of child victims of abuse at the hands of a teacher is relevant if the children seek to recover lost future earnings.
The text of AB 560 is available here.