AB 560, as introduced, 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 discovery 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) Discovery relating to a minor child’s immigration status
8shall not be permitted except where the minor child’s claims place
9the minor child’s immigration status directly in contention or the
10person seeking to make this inquiry has shown by clear and
11convincing evidence that the inquiry is necessary in order to
12comply with federal immigration law.
13(c) The provisions of this section are declaratory of existing
14
law.
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