California Law Protects Children of Deported parents

The deportations carried out during the trump Management resulted in the separation of thousands of families,raising concerns about the well-being of American children left behind after their parents’ expulsion. To address this situation, California Governor Gavin Newsom signed AB-495 on Sunday. This law allows relatives of deported migrants to act as caregivers for their children. The law, approved by the Democratic majority in the State Assembly, also prohibits daycare centers from requesting information about the immigration status of children and their parents, and provides a pathway for parents to appoint a temporary legal guardian for their children thru the courts.

“We support our families and their right to keep their information private, preserve parental rights, and prepare for emergencies,” Newsom stated following a strong campaign by civil society organizations advocating for the initiative. “I presented this bill so that children do not have to worry about what will happen to them if their parents cannot pick them up from school,” explained Democratic Representative Celeste Rodríguez, the bill’s author.

The implementation of AB-495 has faced opposition. Conservative groups and activists have criticized the expansion of the “caregiver authorization affidavit,” a form used for decades that allows relatives of a child whose parents are temporarily absent to certify their role as caregivers. This allows the adult to enroll the child in school and consent to medical and dental care.

The new law broadens the affidavit to include any adult family member “related to the child by consanguinity, adoption, or affinity within the fifth degree of relationship.” This includes great-aunts and cousins.Parents can revoke this designation if needed. The designation is intended as a temporary guardianship and does not grant permanent guardianship rights.