While Congress considers new protections to keep families together during immigration enforcement, California already has laws that help parents plan for emergencies and protect children from unnecessary separation.
Thousands of immigrant parents across the United States worry that an immigration arrest could separate them from their children with little warning. A newly introduced bill in Congress seeks to change that by limiting when U.S. Immigration and Customs Enforcement (ICE) can detain or deport parents who are primary caregivers.
For families in California, however, there is another important development. A new state law that took effect this year already gives parents more legal tools to prepare for emergencies and reduce the risk that their children could end up in foster care if a parent is detained by federal immigration authorities.
Together, these state and federal efforts reflect a growing push to reduce the harm that immigration enforcement can have on children while recognizing the legal limits of state and federal authority.
What is Orlin’s Law?
Representative Pramila Jayapal (D-Wash.) recently introduced legislation known as Orlin’s Law, named after a tragic case involving a U.S. citizen child whose mother was deported to Honduras, leaving him without his primary caregiver. The child later died in Florida.
The proposal would prohibit ICE from detaining or deporting immigrant parents or primary caregivers unless they present a specific threat to public safety.
Supporters say the bill would require immigration enforcement decisions to better consider the welfare of children and help prevent unnecessary family separations.
The proposal has not yet become law and must pass both chambers of Congress before reaching the president’s desk.
Another federal proposal focuses on children left behind
Earlier this year, Senators Richard Blumenthal of Connecticut and Tina Smith of Minnesota introduced the Humane Enforcement and Legal Protections (HELP) for Separated Children Act.
Rather than limiting immigration arrests, the legislation focuses on what happens after a parent is detained.
Among its goals are helping detained parents arrange temporary care for their children, maintain communication with family members, and reduce the likelihood that children enter foster care simply because their parents cannot immediately make caregiving arrangements.
Together, the two federal proposals seek to address different parts of the same problem: protecting children during immigration enforcement.
California already created legal protections
Because states cannot control federal immigration enforcement, California has adopted a different strategy.
Beginning January 1, 2026, the Family Preparedness Plan Act (AB 495) established new legal protections designed to help parents prepare before an emergency occurs.
Authored by Assemblymember Celeste Rodriguez and signed by Governor Gavin Newsom, the law strengthens families’ ability to designate trusted caregivers and preserve parental authority if federal immigration action interrupts daily family life.
Key protections under California’s Family Preparedness Plan Act
Parents can designate trusted caregivers
The law expands California’s Caregiver’s Authorization Affidavit, allowing undocumented parents to authorize trusted adults, including godparents, relatives, close family friends, mentors, or neighbors, to care for their children without giving up parental rights. A Father’s Day Without Fathers: More Than 100,000 Children Separated From Their Parents
Children can stay enrolled in school
Authorized caregivers can enroll children in school and make routine educational decisions without lengthy court delays.
Medical decisions become easier
Caregivers may also consent to school-related medical and dental care, helping children continue receiving needed services.
Emergency guardianship planning
Parents can establish temporary joint probate guardianships before an emergency happens, creating greater legal certainty if detention occurs.
Stronger privacy protections
Licensed child care providers and daycare centers are prohibited from collecting or reporting immigration information about children or their parents, helping reduce concerns that sensitive information could be shared unnecessarily.
Judicial warrant requirement
California law also reinforces existing protections by requiring federal immigration agents to present a judicial warrant before entering nonpublic areas of schools, hospitals, and licensed child care facilities.
California also expanded housing protections
Family disruption often creates financial hardship as well.
California lawmakers also passed Senate Bill 1243, known as the Tenant Protections for Immigrant Families Act, which provides temporary eviction protections for qualifying households whose primary wage earner has been detained during immigration enforcement.
While housing laws vary depending on specific circumstances, supporters say the measure aims to prevent families from immediately losing their homes while they work through an immigration crisis.
What California families can do now
Although Congress is still debating Orlin’s Law, California families do not have to wait to prepare.
Parents may want to:
- Identify a trusted adult who could temporarily care for children.
- Complete a Caregiver’s Authorization Affidavit if appropriate.
- Gather important identification, school, and medical records.
- Speak with a qualified immigration attorney about emergency planning.
- Understand children’s educational and health care rights under California law.
Preparing in advance can help reduce uncertainty during an unexpected immigration emergency.
Why this matters for California
California is home to millions of immigrants and many mixed-status households where some family members are U.S. citizens while others are not.
For those families, immigration enforcement can affect far more than legal status. It can disrupt children’s education, access to health care, housing stability, and household income.
Federal proposals such as Orlin’s Law seek to change how immigration enforcement considers caregivers. California’s Family Preparedness Plan Act takes a different approach by creating legal tools that families can use regardless of what Congress ultimately decides.
For many parents, understanding those protections today may be just as important as following tomorrow’s developments in Washington.
