New law in California changes rules for children of immigrants

Legal designation of caregivers for immigrant children

Limits on school cooperation

Protection against family separation

A new law set to take effect soon in California aims to provide greater certainty for families facing the risk of separation due to the detention or deportation of parents by federal immigration authorities.

The measure allows parents to designate in advance a person responsible for caring for their children and establishes clear limits on how educational institutions may cooperate with immigration agents.

The legislation also expands who may serve as a caregiver and defines what decisions that person may make in the absence of a parent or legal guardian.

New California law for immigrant children and its impact on families

New California law lets immigrant parents name a caretaker for their child if they’re separated https://t.co/0iRzA4jjVm

— O.C. Register (@ocregister) December 17, 2025

Starting January 1, the Emergency Family Planning Act broadens the category of relatives who can qualify as a child’s “caregiver.”

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The caregiver must be at least 18 years old and related to the child by blood, adoption, or affinity up to the fifth degree of kinship.

Eligible relatives include stepparents, grandparents, great-aunts, and great-great-grandparents.

The law also requires that the child live with the designated caregiver.

This new legal framework creates a process for a parent to appoint a caregiver as a “temporary co-guardian” through probate court.

The mechanism is designed to activate in emergency situations, such as immigration detention or deportation.

What authority will the caregiver have?

California immigrant children law changes things for families – Photo Shutterstock

Once the “caregiver authorization affidavit” is signed, the designated person may enroll the child in school.

They may also make certain school-related medical decisions, such as vaccinations or physical exams.

In some cases, the caregiver’s authority extends to additional medical or dental decisions, including those related to mental health treatment.

The affidavit takes effect as soon as it is signed by the caregiver.

However, the school may request additional information to verify the identity of the designated person.

If a disagreement arises between the parent and the caregiver regarding a medical decision, the parent has the final say.

This applies as long as the decision does not endanger the child’s life, health, or safety, according to the text of the law.

Impact on schools and families

The new immigrant children law prohibits licensed childcare centers and state-funded preschool programs from collecting information about the citizenship or immigration status of students or their families.

It also limits cooperation by staff at these centers with agents from Immigration and Customs Enforcement (ICE).

To help verify caregivers, parents may create a family preparedness plan in advance and notify the school.

“The family preparedness plan should indicate who the designated caregivers are in the event of a separation,” wrote Jenilee Fermin, legislative director for Assemblymember Celeste Rodriguez.

“Generally, the caregiver authorization affidavit is completed and used when needed,” she added.

Although the law was prompted by concerns over immigration-related separations, it can also apply in other circumstances.

These include serious illness, disability, military service, or incarceration of a parent.

Rodriguez explained that the goal is to give families peace of mind and ensure continuity in education and health care for children.

The ultimate aim is to provide stability for minors in the event of a separation from a parent or legal guardian under the California immigrant children law.