Gov. Newsom wants families to have a safety net if a parent is detained by ICE

Kate Wolffe, The Sacramento Bee on Oct 12, 2025

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A bill that would enable parents concerned about deportation to nominate an alternate guardian for their children has been signed by Gov. Gavin Newsom.

Assembly Bill 495 would allow an extended family member to be authorized as a caregiver for the child if the parent is unavailable, with the ability to enroll them in school and OK routine medical or dental care. The bill was narrowed from an earlier version that allowed the person to be a close family friend, which drew concern from several family values organizations who were concerned it could be taken advantage of by bad actors.

The bill was introduced by San Fernando Democrat Celeste Rodriguez in February, as the Trump administration began its mass deportation agenda.

“As we have seen, anyone can be detained and deported,” Rodriguez wrote in support of the bill. “In the event that this happens to a parent when their children are at school or childcare, it is critical that there are plans and tools in place to provide stability and prevent additional childhood trauma.”

The bill has been part of a series of laws signed by Newsom to placate the fears of the state’s immigrant community, many of whom are undocumented. Last month, he signed a package of bills to block immigration enforcement agents from accessing sensitive areas like schools and health care facilities, and to prohibit agents from concealing their identities.

According to a Brookings Institute analysis of 2022 American Community Survey data, 2.66 million children in the United States live in households where their parents are undocumented.

The bill would also prohibit day care facilities from collecting information about the immigration status of pupils or their family members — something California public schools are already beholden to.

“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,” said Newsom in his signing message.

Even in its narrowed form, the bill faced opposition from Republicans like state Sen. Rosilicie Ochoa Bogh, R-Yucaipa, who said the existing caregiver authorization process was too loose.

“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 his veto.

Newsom signed eight other bills on Saturday to better protect immigrant youth and workers in the state, including Assembly Bill 1261, which would require the state to provide legal support to some noncitizen immigrant youth .

Newsom has positioned himself as resister-in-chief to Trump’s immigration agenda, and in his signing message for AB 1261, said the administration’s actions raise “serious concerns about their commitment to the welfare of children.”

“I urge the federal government to take actions that prioritize the safety, stability and welfare of these children, including their due process rights.”

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