Senator Caballero’s First-in-the-Nation Civil Detainees’ Bill of Rights Passes California Legislature
FOR IMMEDIATE RELEASE
Thursday. August 27, 2026
Contact: Elisa Rivera at Elisa.Rivera@sen.ca.gov or (559) 264-3070
Senator Caballero’s First-in-the-Nation Civil Detainees’ Bill of Rights Passes California Legislature
SB 942 establishes enforceable health, safety and dignity standards for people held in civil immigration detention and would take effect immediately upon enactment
SACRAMENTO, CA — Senator Anna M. Caballero (D-Merced) announced that Senate Bill 942, the Civil Detainees’ Bill of Rights Act of 2026, was passed by the California State Legislature, bringing California one step closer to establishing the nation’s first comprehensive state standards protecting the basic rights, health and safety of people held in civil immigration detention.
SB 942, co-sponsored by California Attorney General Rob Bonta and Immigrant Defense Advocates, establishes clear standards for the treatment of people held in civil immigration detention facilities throughout California and gives the Attorney General authority to enforce those protections.
The legislation recognizes that civil detention is fundamentally different from criminal incarceration and extends core protections already recognized for other people civilly detained under California law to individuals held in immigration detention.
“At a moment when immigrant communities are looking to California for leadership, SB 942 demonstrates that California legislators are serious about more than headlines. We are serious about meaningful action that protects human health and welfare and creates enforceable standards.” said Senator Caballero. “No person should lose their basic right to dignity, safety, medical care, clean water, adequate food, right to practice their religion or humane treatment simply because they are being held in civil immigration detention. This bill puts those principles into law and gives California the tools to enforce them.”
SB 942 establishes a first-of-its-kind framework of state protections for people held in civil immigration detention. Among other protections, the bill establishes the right to:
- Dignity, privacy and humane care, including prompt mental health, medical and dental care;
- Freedom from unnecessary or excessive physical restraint, isolation, medication, abuse or neglect;
- Religious freedom, physical exercise and recreational opportunities;
- Clean drinking water and functioning toilets and showers;
- Clean and properly maintained facilities and living quarters; and
- Safe, healthy and good-quality food.
The bill requires facility operators to protect these rights and authorizes the California Attorney General to bring civil actions seeking injunctive, declaratory or other equitable relief when violations occur. The Attorney General may also seek civil penalties of up to $2,500 for each violation. Facility operators must provide the Attorney General or the Attorney General’s designee the access necessary to investigate and enforce the law, including access to detainees, facilities, personnel and records.
The legislation comes amid continued reports of dangerous conditions in immigration detention facilities in California, including deficiencies involving medical and mental health care, food and water, sanitation, use of force and other conditions of confinement. California Department of Justice inspections have repeatedly documented deficiencies in facilities holding people in federal immigration custody.
“At a time when people are losing their lives in private immigration detention facilities, California has a responsibility to do more than express concern. SB 942 is an important step toward taking affirmative, meaningful action to protect the health and safety of people held in private civil detention. By establishing enforceable standards for care and conditions, California is making clear that no one should be placed at risk simply because they are in a private civil facility. These protections are urgently needed, and they will save lives,” said Jackie Gonzalez Co-Executive Director of Immigrant Defense Advocates.
Recognizing the immediate health and safety concerns facing people currently held in civil immigration detention, SB 942 contains an urgency clause and would take effect immediately upon enactment, rather than waiting until the beginning of the following year.
The urgency provision requires the bill to receive a two-thirds vote of each house of the Legislature.
Following passage by the Legislature, SB 942 has been ordered to engrossing and enrolling and will be presented to Governor Gavin Newsom for consideration.
For interviews or inquiries, please contact:
Elisa Rivera at (559) 264-3070
About Senator Anna M. Caballero
Senator Anna M. Caballero represents California’s 14th Senate District, which includes much of Merced, Fresno, and Madera Counties. She is Chair of the Senate Committee on Agriculture and a member of several other committees. Senator Caballero continues to work tirelessly on behalf of her district for policies that strengthen California’s agricultural industry, protect working families, support affordable, accessible healthcare for all and
fosters economic development across the state.
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