If you live in California, state law gives you a layer of rights and benefits that does not depend on your immigration status. Immigrant rights in California include limits on how local police can work with federal immigration agents, access to a driver’s license without proof of legal presence, full-scope Medi-Cal for income-eligible residents of any status, workplace protections against status-based retaliation, professional licensing through an ITIN, in-state tuition and state financial aid for qualifying college students, and K-12 school access that cannot be conditioned on citizenship. Federal law still governs work authorization, air travel ID, and immigration enforcement itself, and some of these state protections sit in ongoing tension with federal policy.
What Local Police Can and Cannot Do
The California Values Act (SB 54) blocks state and local law enforcement from using their resources to carry out federal civil immigration enforcement. Police and sheriff’s departments cannot investigate, detain, or arrest you solely for an immigration violation, and they cannot share personal information like your home address or jail release date with federal agents for civil immigration purposes.1California Legislative Information. SB 54 – California Values Act
Transferring someone to federal immigration custody requires a judicial warrant or a judicial probable cause determination. An administrative detainer request from ICE, on its own, is not enough. The statute carves out exceptions for people with certain criminal convictions, including state prison felonies, most other felony convictions within the prior 15 years, and some higher-level misdemeanors within the prior five years.1California Legislative Information. SB 54 – California Values Act
Federal law pushes the other way. 8 U.S.C. § 1373 says no government entity can prohibit officials from sharing a person’s citizenship or immigration status with federal authorities.2Office of the Law Revision Counsel. 8 U.S. Code 1373 The Ninth Circuit upheld SB 54 in 2019, reading § 1373 to cover only legal classification under federal immigration law, not broader details like release dates or home addresses.3U.S. Court of Appeals for the Ninth Circuit. United States v. State of California
That tension is live. A 2025 federal executive order directs the Attorney General and the Secretary of Homeland Security to publish a list of “sanctuary jurisdictions” and pursue legal remedies or suspend federal funding to jurisdictions that remain in defiance of federal immigration law.4The White House. Protecting American Communities from Criminal Aliens How that plays out for California is still unsettled.
Getting a Driver’s License Without Proof of Legal Presence
AB 60 lets California residents who cannot prove legal presence obtain a driver’s license. You must verify both your identity and your California residency. Acceptable identity documents include a valid Mexican passport, a consular identification card, and various national ID cards from other countries. Some documents work on their own; others must be paired with a second form of ID, depending on the country of origin. Residency can be shown through utility bills, lease agreements, or similar records with a California address.5California Department of Motor Vehicles. AB 60 Wizard
An AB 60 license looks different. The front reads “Federal Limits Apply,” and the back states the card is not acceptable for official federal purposes. You cannot use it to board a domestic flight, enter a federal building, or identify yourself to federal law enforcement.6California Department of Motor Vehicles. AB 60 Driver’s Licenses It still lets you drive legally and buy auto insurance.
REAL ID and Flying
Federal REAL ID enforcement began on May 7, 2025. TSA now requires a REAL ID-compliant license or another acceptable federal ID at the airport.7Transportation Security Administration. REAL ID An AB 60 license does not qualify. If that is your only ID, you will need something else to fly within the country, such as a valid foreign passport, a Permanent Resident Card, an Employment Authorization Document, or a DHS Trusted Traveler card like Global Entry or NEXUS. A visa stamp or I-94 record alone will not get you through the checkpoint.
Full-Scope Medi-Cal and Emergency Care
California has extended Medi-Cal to income-eligible residents of every age regardless of immigration status. The expansion closed its last gap on January 1, 2024, when adults ages 26 through 49 became eligible for full-scope benefits.8Medi-Cal. About the Ages 26 Through 49 Adult Full Scope Medi-Cal Expansion Full-scope coverage includes preventive care, emergency services, mental health treatment, and dental care.
Adult income eligibility is set at 138% of the federal poverty level. For 2026, that is roughly $22,025 per year for a single person and about $45,540 for a family of four.9U.S. Department of Health and Human Services. 2026 Poverty Guidelines You apply through your county social services office or through Covered California.
Separately, federal law gives everyone a baseline. Under the Emergency Medical Treatment and Labor Act, any hospital with an emergency department that participates in Medicare must screen and stabilize anyone who arrives with an emergency medical condition, including active labor. The hospital cannot turn you away based on inability to pay or immigration status.10Centers for Medicare & Medicaid Services. Emergency Medical Treatment and Labor Act (EMTALA)
Will Using Medi-Cal Hurt a Green Card Application?
A common worry is that enrolling in Medi-Cal will count against you later in a federal “public charge” assessment. Under the current USCIS framework, public charge looks at whether someone is primarily dependent on the government for subsistence through cash assistance for income maintenance or long-term institutionalization at government expense. USCIS does not consider Medicaid (which includes Medi-Cal), CHIP, nutrition programs like WIC and SNAP, or housing assistance.11U.S. Citizenship and Immigration Services. Public Charge Resources Only benefits received by the applicant personally count; benefits used by family members are not.
Rights at Work
The Immigrant Worker Protection Act (AB 450) sets rules for what employers can and cannot do when federal immigration agents come to a California workplace. Employers cannot voluntarily let agents into non-public areas of the business without a judicial warrant. The law does not stop agents from entering on their own authority, but your employer cannot simply wave them in.12California Department of Justice. Immigrant Worker Protection Act (Assembly Bill 450) Frequently Asked Questions
When an employer receives notice of an I-9 inspection, California Labor Code section 90.2 requires the employer to post a notice to all current employees within 72 hours identifying the agency, the date the notice was received, and the nature of the inspection. The employer must also give a copy of the notice to any employee who requests it, and must notify each affected employee of the results and any deficiencies within 72 hours after the inspection ends.13California Legislative Information. California Code LAB 90-2
Retaliation Based on Status
It is illegal in California for an employer to threaten to report your immigration status because you exercised a labor right, whether that means filing a wage claim, reporting unsafe conditions, or joining a complaint. The protection reaches current employees, former employees, and job applicants. Employers who violate it face civil penalties of up to $10,000 per violation, and courts can suspend business licenses for repeat offenders.14California Department of Industrial Relations. California Labor Commissioner Reminds Employers of Legal Rights and Obligations Under California Labor Laws
Professional Licensing With an ITIN
SB 1159 requires every licensing board under the California Department of Consumer Affairs, along with the State Bar and the Bureau of Real Estate, to accept an Individual Taxpayer Identification Number in place of a Social Security Number on a license application. No entity within the Department of Consumer Affairs can deny a license based on citizenship or immigration status. That opens nursing, cosmetology, real estate, accounting, and dozens of other regulated fields to residents who meet the education, training, and exam requirements.
Holding a California license is not the same as having federal work authorization. The license authorizes the state-regulated activity. Federal law separately controls whether and how you can be employed. Some licensees work as independent contractors or run their own businesses depending on their circumstances. If you are planning a path through licensing, get legal advice specific to your situation rather than assuming the state license resolves the federal question.
Every employer in the United States must complete a Form I-9 to verify identity and work authorization for each new hire. You present documents from a federal list; the employer examines them to confirm they reasonably appear genuine.15U.S. Citizenship and Immigration Services. I-9, Employment Eligibility Verification An ITIN alone does not satisfy I-9 because I-9 verifies federal work authorization.
School, College, and Financial Aid
Under the U.S. Supreme Court’s 1982 decision in Plyler v. Doe, states cannot deny children access to public K-12 education based on immigration status.16Justia. Plyler v. Doe, 457 U.S. 202 (1982) California reinforces that with Education Code section 234.7, which prohibits school officials from collecting information about the citizenship or immigration status of students or their family members, except where required by state or federal law or to administer a supported educational program.17California Legislative Information. California Code EDC 234.7
In-State Tuition and the California Dream Act
AB 540 lets undocumented students pay in-state tuition at California’s public colleges and universities. To qualify, you generally need to have attended a California high school for at least three years (or the equivalent combination of California schools), graduated from a California high school or earned an associate’s degree from a California community college, and signed a nonresident tuition exemption request.18University of California. AB 540 Nonresident Tuition Exemption
The California Dream Act goes further by opening state financial aid to students who meet AB 540 criteria. Qualifying students can apply for Cal Grants, the Middle Class Scholarship, State University Grants at CSU campuses, Educational Opportunity Program grants, and California Dream Loans. You apply using the California Dream Act Application rather than FAFSA.19California State University. Financial Aid for AB 540 Eligible Students
Filing Taxes With an ITIN
Immigration status does not change your federal tax obligations. If you earn income in the United States and meet the filing thresholds, you have to file. Without a Social Security Number, you file using an ITIN. The IRS issues ITINs purely for tax purposes, and the number itself carries no immigration consequences.
An ITIN expires if you do not include it on a federal return for three consecutive tax years. If yours has expired and you need to file, you renew it by submitting Form W-7 with your return. Filing with an expired ITIN can delay processing and block certain credits.20Internal Revenue Service. How to Renew an ITIN
Not filing has real costs. The IRS charges 5% of the unpaid tax for each month or partial month a return is late, up to 25%. For returns due after December 31, 2025, the minimum penalty when a return is more than 60 days late is $525.21Internal Revenue Service. Failure to File Penalty A consistent filing history can also matter in future immigration proceedings, so keeping your ITIN current and filing on time is one of the simplest records to maintain.