AB 560, as amended, Gomez. Civil actions: immigration status.
Existing law declares that all protections, rights, and remedies available under state law are available to all individuals in the state who have applied for employment or are employed, regardless of immigration status, as specified. Existing law also declares, for the purposes of enforcing state labor, employment, civil rights, and employee housing laws, that a person’s immigration status is irrelevant to the issue of liability and that discovery into a person’s immigration status is prohibited unless the person seeking to make the inquiry has shown by clear and convincing evidence that the inquiry is necessary to comply with federal immigration law.
This bill would additionally provide that the immigration status of a minor child seeking recovery under any applicable law is irrelevant to the issues of liability or remedy and would prohibit discoverybegin insert or other inquiry in a civil action or proceedingend insert into a minor child’s immigration status, with specified exceptions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3339.5 is added to the Civil Code, to
2read:
(a) The immigration status of a minor child seeking
4recovery under any applicable law is irrelevant to the issues of
5liability or remedy, except for employment-related prospective
6injunctive relief that would directly violate federal law.
7(b) Discoverybegin insert or other inquiry in a civil action or proceedingend insert
8 relating to a minor child’s immigration status shall not be permitted
9except where the minor child’s claims place the minor child’s
10immigration status directly in contention or the person seeking to
11make this inquiry has shown by clear and convincing evidence
12that the inquiry is necessary
in order to comply with federal
13immigration law.
14(c) The provisions of this section are declaratory of existing
15
law.
16(d) The express application of this act to minors is not intended
17to address in any way that adults are not likewise protected by
18existing law in the same circumstances.
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