California lawmakers have sent Gov. Gavin Newsom a bill that would create the nation's first state-level bill of rights for people held in private, for-profit immigration detention centers. Senate Bill 942 would extend existing health and safety regulations that already apply to California's state-run civil confinement facilities to private detention centers, guaranteeing detainees access to medical and mental health treatment, clean drinking water, safe food and livable quarters.
The bill, known as the Civil Detainees Bill of Rights Act, cleared the California Assembly by a 64-11 vote on August 25 and the state Senate by a 31-5 margin the following day, according to the Sacramento Bee. It now awaits Newsom's signature. The measure would also guarantee freedom of religion and the ability to send and receive correspondence, and it would require for-profit operators to meet basic health and safety safeguards that already govern state-run facilities.
State Sen. Anna Caballero, who authored the bill, attached an urgency clause because increased immigration enforcement has heightened concerns about conditions inside detention centers, according to the same report. That urgency clause required a two-thirds vote in both chambers to pass, but it also means the law would take effect immediately upon Newsom's signature rather than waiting until January.
Deaths and Reported Neglect Drove the Push
State Sen. Steve Padilla said six individuals detained inside private detention centers died over the prior six months, and that two of those six deaths occurred within his own district, per the Bee's reporting from late May. Private detention centers have also had reported problems involving unclean water, ill-prepared or moldy food, a lack of opportunities to practice religion, and unhygienic restrooms, the outlet notes.
Those conditions echo a separate bill moving through the legislature this year. California Senate Bill 995, dubbed the Masuma Khan Justice Act, would authorize the California Department of Public Health to conduct routine inspections inside private immigration detention facilities, according to American Community Media. That bill is named after an immigrant detained by ICE during a routine appointment who reported receiving dirty water and moldy food.
Hamid Yazdan said the oversight and accountability normally associated with jails and prisons are largely absent from private detention facilities, per the Sacramento Bee's account. Panah said the bill provides concrete accountability, meaningful standards and an enforcement mechanism, according to the same reporting. Federal oversight of private detention facilities has been eliminated or defunded in part over the past year, the outlet reports.
California's Share of a National Detention Surge
California holds about 10 percent of the people held in civil immigration detention nationwide, and privately owned facilities hold nearly 90 percent of all detainees, according to the Bee. U.S. Immigration and Customs Enforcement is currently holding a record number of individuals in civil immigration detention facilities, the outlet notes, with California housing thousands of people under civil detention.
That state figure fits into a much larger national picture. Data compiled by the Transactional Records Access Clearinghouse showed ICE held 65,765 people in civil immigration detention nationwide as of July 11, with 70.6% having no prior criminal convictions, Hoodline's earlier reporting on record ICE arrests found. Nationwide deaths in ICE custody reached 32 in fiscal year 2025, the highest single-year mortality total recorded in federal immigration detention in more than two decades, according to a video statement from state Sen. Susan Rubio.
Researchers at UC Berkeley's Goldman School of Public Policy found that direct community arrests by ICE surged from 17% to 47% of all national arrests during the first 14 months of the current presidential term, with significant spikes recorded in sanctuary jurisdictions like California, per Hoodline's prior coverage. Daily nationwide ICE arrests averaged 952 during that same period, a 214% increase over pre-inauguration baselines.
A Legal Fight Over State Authority Looms
SB 942 adds a new section to the state Civil Code and Government Code authorizing the California Attorney General, city attorneys or county counsel to file civil enforcement actions and seek penalties of up to $2,500 per violation against facility operators, according to legislative records tracked by LegiScan. Caballero said the Attorney General is expected to exercise oversight and ensure the protections are actually in place, the Bee reports.
The bill arrives after California's previous attempt to restrict private detention was struck down in federal court. The full Ninth Circuit Court of Appeals ruled in 2022 that Assembly Bill 32, which sought to ban private detention centers outright, was unconstitutional under the Supremacy Clause because it interfered with federal contracting authority, according to Courthouse News. That ruling is why SB 942 focuses on health-and-safety oversight rather than an outright ban.
The federal government, meanwhile, has moved to shield some facilities from state scrutiny by taking direct ownership of them. Private prison operator CoreCivic sold two of California's largest immigration detention facilities, Otay Mesa Detention Center in San Diego County and California City Detention Facility in Kern County, to the U.S. Department of Homeland Security for $1.5 billion in July while continuing to run day-to-day operations under existing federal contracts, according to CalMatters. CoreCivic's management contract for Otay Mesa runs through 2029, with an option for five additional years. ICE also expanded its California footprint in April by activating the Central Valley Annex, a former state prison in Kern County operated by The GEO Group, CalMatters separately reported.
That expansion has been fueled by a surge in federal spending. A federal budget package for fiscal year 2025 provided the Department of Homeland Security with roughly $170 billion for immigration enforcement, including $45 billion specifically earmarked to expand detention capacity through 2029, per CalMatters.
Transparency Push Continues Alongside SB 942
Lawmakers are also pursuing Senate Bill 423, which would amend the California Public Records Act to compel local emergency response agencies to publicly release 911 call recordings originating from private detention centers, according to KQED. Advocates and journalists have reported being stonewalled by private detention operators when requesting emergency call records, the outlet notes.
SB 942 was co-sponsored by immigrant defense advocates and the California Department of Justice, and it received bipartisan support in both the state Senate and Assembly, according to the Bee. Not every group backed the bill without reservation. The California Hospital Association raised concerns about potentially duplicative oversight of health facilities already licensed for strict state inspection, the outlet reports, and testimony from Leah Barros indicated the association worked with Caballero in April to amend the bill's language.
Private civil detention facilities hold individuals awaiting adjudication in immigration court, not people serving criminal sentences, a distinction advocates say makes the reported conditions especially urgent. If Newsom signs SB 942, it would take effect immediately rather than waiting until January, giving the Attorney General's office authority to begin enforcement without delay.
