Amended  IN  Assembly  April 07, 2026
Amended  IN  Assembly  March 23, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 2230

Introduced by Assembly Member Ávila Farías

February 19, 2026

An act to amend Section 18544 of the Elections Code, and to add Section 1596.7997 to the Health and Safety Code, relating to immigration.


LEGISLATIVE COUNSEL'S DIGEST


AB 2230, as amended, Ávila Farías. Immigration enforcement: polling places and child daycare facilities.
Under existing law, it is a crime, punishable as either a misdemeanor or a felony, for a person in possession of a firearm, a peace officer, private guard, or security personnel, or any person wearing the uniform of a peace officer, guard, or security personnel, to be stationed in the immediate vicinity of, or posted at, a polling place without authorization from the appropriate elections official.
This bill would make that crime a felony, punishable by a fine up to $10,000 and imprisonment for 2, 3, or 5 years. The bill would also expand the crime to apply to any person who displays a uniform or other clothing or insignia that reasonably conveys an association with any local, state, or federal law enforcement agency. The bill would create an exception for a peace officer who is responding to a presently occurring violent crime, responding to an immediate threat to the life or health of others at the polling place, or casting a vote. The bill would prohibit an elections official from authorizing any agency or officer responsible for immigration enforcement or federal law enforcement to be stationed or posted in the immediate vicinity of a polling place. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child daycare facilities, including daycare centers and daycare homes, by the State Department of Social Services. Existing law requires the licensee or administrator of a licensed child daycare facility, as applicable, to report to the State Department of Social Services and Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of immigration enforcement.
This bill would make it a felony, punishable by a fine up to $10,000 and imprisonment for 2, 3, or 5 years, for law enforcement personnel to enter a licensed child daycare facility or be would, except as required by state or federal law, prohibit immigration enforcement personnel from being stationed within 100 feet of the entrance of a licensed child daycare facility, except as specified. if the immigration enforcement personnel is doing tasks related to the immigration enforcement personnel’s own children. The bill would make a violation of this provision by an immigration enforcement personnel a felony, punishable by a fine up to $10,000 and imprisonment for 2, 3, or 5 years. The bill would, except as required by state or federal law or as required to administer a state or federally supported early care and learning program, prohibit employees of a licensed child daycare facility from allowing an officer or employee of an agency conducting immigration enforcement to enter a nonpublic area without being presented with a valid judicial warrant or judicial subpoena or a court order. By creating a new crime, this bill would impose a state-mandated local program.
This bill would provide that the provisions of this bill are severable.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Since 2025, United States Immigration and Customs Enforcement officers have terrorized California residents, United States citizens, and noncitizens alike through untargeted arrests and brutality based on nothing more than subjects’ racial appearances, languages spoken, means of earning a living, and expression protected under the First Amendment to the United States Constitution.
(b) California is home to more than 10,000,000 immigrants, most of whom are naturalized United States citizens and are eligible to vote in all elections.
(c) Law enforcement activities, including immigration enforcement, in schools and childcare facilities have traumatized children and dissuaded hundreds of thousands of Hispanic and Asian children from attending school or utilizing childcare facilities.
(d) Political provocateurs, including advisors to the President of the United States, have suggested that United States Immigration and Customs Enforcement officers surround voting centers and polling locations in order to intimidate immigrants and others from exercising their constitutional right to vote.
(e) Ensuring that childcare facilities are safe and free from violence, and that all eligible voters have the opportunity to participate in elections free from intimidation and violence, are matters of statewide concern.

SEC. 2.

 Section 18544 of the Elections Code is amended to read:

18544.
 (a) Any person in possession of a firearm, any uniformed peace officer, private guard, or security personnel, or any person who is wearing or displaying a uniform or other clothing or insignia that reasonably conveys an association with any local, state, or federal law enforcement agency, guard, or security personnel, who is stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate city or county elections official, is guilty of a felony, punishable by a fine not exceeding ten thousand dollars ($10,000) and by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or five years.
(b) This section does not apply to any of the following:
(1) An unarmed uniformed guard or security personnel who is at the polling place to cast a vote.
(2) A peace officer who is doing any of the following:
(A) Responding to a presently occurring violent crime.
(B) Responding to an immediate threat to the life or health of others at the polling place.
(C) Casting a vote.
(3) A private guard or security personnel hired or arranged for by a city or county elections official.
(4) A private guard or security personnel hired or arranged for by the owner or manager of the facility or property in which the polling place is located if the guard or security personnel is not hired or arranged solely for the day on which an election is held.
(c) An elections official shall not authorize any agency or officer responsible for immigration enforcement or federal law enforcement to be stationed or posted in the immediate vicinity of a polling place. An authorization issued by an elections official in violation of this section is null and void, and the existence of an unlawful authorization is not a defense to a criminal charge brought pursuant to this section.
(d) Notwithstanding Section 18546, for purposes of this section “immediate vicinity” includes a building in which a polling place is situated, and 100 feet from any entrance or exit to the building, a parking facility for the building, and the ingress or egress for a vehicle to the parking facility.

SEC. 3.

 Section 1596.7997 is added to the Health and Safety Code, to read:

1596.7997.
 (a) (1) Except as required by state or federal law, law enforcement personnel shall not enter a licensed child daycare facility or immigration enforcement personnel shall not be stationed within 100 feet of the entrance of a licensed child daycare facility, except if the law enforcement personnel is doing any of the following: immigration enforcement personnel is doing tasks related to the immigration enforcement personnel’s own children.

(A)Responding to a presently occurring violent crime.

(B)Responding to an immediate threat to life or health of others at the child daycare facility.

(C)Tasks related to the law enforcement personnel’s own children.

(2)The prohibition in paragraph (1) applies to immigration enforcement.

(2) Except as required by state or federal law or as required to administer a state or federally supported early care and learning program, employees of a licensed child daycare facility shall not allow an officer or employee of an agency conducting immigration enforcement to enter a nonpublic area of a licensed child daycare facility without being presented with a valid judicial warrant or judicial subpoena, or a court order. Any employee of a licensed child daycare facility shall, to the extent practicable, request a valid identification from an officer or employee of an agency conducting immigration enforcement seeking to enter a nonpublic area of a licensed child daycare facility. This subdivision shall not be construed to limit a licensed child daycare facility’s or employee’s right to consult with counsel or challenge the validity of a warrant, subpoena, or court order in a court of competent jurisdiction.
(b) A person An immigration enforcement personnel who violates subdivision (a) is guilty of a felony, punishable by a fine not exceeding ten thousand dollars ($10,000) and by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or five years.

(c)For purposes of this section, “law enforcement personnel” includes, but is not limited to, all United States Immigration and Customs Enforcement personnel and United States Customs and Border Protection personnel.

SEC. 4.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.