Children detained by federal immigration authorities in California will no longer automatically trigger reductions in their families’ basic cash assistance under a new law signed by Governor Gavin Newsom, LA NACION reported.
Assembly Bill 1655, authored by Assemblymember Isaac Bryan, modifies the rules of the California Work Opportunity and Responsibility to Kids program. The legislation ensures that a child or other household member held in a federal immigration detention facility is considered temporarily absent from the home rather than permanently removed from the assistance unit.
CalWORKs provides cash aid and other support to low-income families using federal, state, and county funds. Previous rules forced a reduction in a child’s portion of family aid if they were transferred to an institution, with exceptions historically limited to events like hospitalizations. AB 1655 officially adds immigration detention to those temporary absences.
Lawmakers advanced the measure following cases such as that of Benjamin Guerrero-Cruz, a student at Reseda Charter High School. Federal agents detained him while he was walking his dog, and he spent more than three months inside the Adelanto detention facility.
To preserve assistance, families must meet specific criteria outlined in the legislation. If the detained individual is held outside California, they must maintain the intention to return to the state upon release. The individual must also remain otherwise eligible for CalWORKs under all existing legal criteria. Beneficiaries can verify the detention simply through a written and sworn statement.
| Provision | Detail |
|---|---|
| Legislation | AB 1655 |
| Author | Assemblymember Isaac Bryan |
| Signed By | Governor Gavin Newsom |
| Target Program | CalWORKs |
Until formal regulations are adopted, the department holds the authority to implement the mandate through all-county letters or similar written directives.
The statutory text specifies that ongoing funding allocations will not rely on Section 15200 of the Welfare and Institutions Code. Should the Commission on State Mandates determine that the change creates mandatory local costs, those expenses will be reimbursed to local governments.
According to the text of the Legislatura de California, the legislation is designed to protect families with a child detained by the Servicio de Inmigración y Control de Aduanas (ICE, por sus siglas en inglés) so that they do not lose part of their basic subsidy.
