Your rights in California without immigration status

You belong here as a person with dignity, and California law says so in many places. This page is a map. Each section gives you the main right, then links to a full guide. It is general information, not legal advice.

Do I have rights without papers?

Yes. The U.S. Constitution protects every person in this country, not only citizens. You have the right to remain silent, the right to say no to a search without a warrant, and the right to ask for a lawyer. See If immigration agents come.

California goes further. A state law, Civil Code section 3339, says that all rights and remedies under state law are open to everyone who has applied for or held a job here, regardless of immigration status. The one exception is getting your job back when federal law forbids it. The same law says your status does not matter to whether someone broke state labor, civil rights, consumer protection or housing laws, and it limits when anyone can ask about your status in those cases.

What state law cannot do: it cannot give you immigration status or stop federal immigration law. Keep that in mind as you read.

What are my rights at work?

You have nearly the same rights at work as any worker in California. Labor Code section 1171.5 says so in almost the same words as Civil Code 3339.

That means:

• Minimum wage and overtime. The state minimum is $16.90 an hour in 2026, and $17.40 starting January 1, 2027 (DIR). Many cities pay more. See Minimum wage.
• Paid sick days. See Paid sick days.
• Safety and heat rules. See Heat at work.
• Your final paycheck on time. See Final paycheck.
• Protection from retaliation when you speak up.

If your boss owes you money, you can file a wage claim. Start with Your rights at work, with or without papers.

What are my rights as a tenant?

A landlord in California may not:

• Ask about your immigration or citizenship status, or the status of anyone living with you
• Make you say or sign anything about your status
• Share your status with others to harass you, punish you for using your rights, or push you out

This is Civil Code section 1940.3. A landlord may still check your income and your identity, and must follow federal rules for some subsidized housing.

If a landlord threatens to call immigration, write down what was said and when, and call a legal clinic. Threats like that can break state law.

Can local police ask about my status?

California's Values Act (Government Code section 7284.6, often called SB 54) limits what state and local police may do for immigration enforcement. In general, they may not:

• Ask about your immigration status for immigration enforcement
• Hold you in jail just because ICE asked them to
• Arrest you on a civil immigration warrant
• Give ICE your home or work address, unless it is public
• Act as immigration agents

There are exceptions, for example for some people with certain criminal histories. Federal agents like ICE are not bound by this law. Read Does California law stop local police from helping ICE? and What an ICE hold is.

You can report a crime. Local police are limited in what they share. See Can I report a crime without being reported to ICE?

Can my status be used against me in court?

California limits it in many cases.

• Injury and wrongful death cases. If you sue because you were hurt, or a family member died, your immigration status cannot be used as evidence, and the other side cannot ask about it in discovery (Evidence Code 351.2).
• Work, civil rights, consumer and housing cases. Your status does not matter to whether someone broke the law, and no one may ask about it unless the person asking shows, by clear and convincing evidence, that the question is needed to follow federal immigration law (Civil Code 3339).

Criminal cases and immigration court have their own rules. If you have one, talk to your lawyer before you answer any question about your status.

Can I drive and get an ID?

Yes, you can get a driver's license now. California issues AB 60 licenses to people who cannot prove legal presence. You need to pass the tests like anyone else. It is against the law to discriminate against you for holding or showing an AB 60 license. It does not work for boarding a plane or entering some federal buildings (DMV, What is REAL ID?). See Driver's license without papers and Is it safe to travel inside the United States?

A state ID card is coming. State law says the DMV must start giving ID cards to people who cannot prove legal presence no later than July 1, 2027 (Vehicle Code 12801.9). See Getting a California ID card.

Can I get health care and food help?

Some, yes. The rules changed in 2026.

• Emergency Medi-Cal (also called restricted scope) is open to people who qualify by income, whatever their status. It covers emergency care, pregnancy care and nursing home care (DHCS).
• Full Medi-Cal for adults 19 and older without papers stopped taking new people on January 1, 2026. If you already had it, you can keep it if you renew on time. If it ends, you have 3 months to sign up again (DHCS notice I 26-02).
• A premium is scheduled. From July 1, 2027, adults 19 to 59 in this group are set to pay a monthly premium. The amount is not set yet. State law says it will be $30 to $50 a month per person, and the governor will set the exact amount in May 2027. The state budget plan expects $50 (DHCS budget highlights; LAO, checked October 23, 2026). Some county pages show $30, the amount set in 2025. People 60 and older, pregnant people and youth under 19 do not pay it.
• People with DACA are treated differently by the state. They may still be able to enroll.
• CalFresh food benefits are not open to people without status. Since April 1, 2026, even some people with papers lost them (San Mateo County). Citizen children in your home may still qualify.

Full details: Medi-Cal for adults in 2026, Which benefits can I get?, and Food help. Worried about your case? See Will using benefits hurt my immigration case?

Can I go to college and work in my field?

College. If you went to high school in California and meet the rules, you can pay in state tuition at community colleges, CSU and UC under the AB 540 law. You can also apply for state aid with the California Dream Act Application. The federal government sued California over these laws in November 2025 (complaint). As of October 21, 2026, we found no court order stopping in state tuition or Dream Act aid. The case is still open. See In state tuition, How to apply for the CA Dream Act and Paying for college.

Professional licenses. California boards may not deny you a professional license because of your immigration status (Business and Professions Code 135.5). See Professional license without a Social Security number.

Your own business. See Start a business without a Social Security number.

Can I bank, file taxes and build credit?

Yes, with an ITIN or a consular ID at many banks and credit unions. See Open a bank account, Build credit, and CalEITC and Young Child Tax Credit with an ITIN. Unsure about filing this year? Read Is it safe to file taxes with an ITIN right now?

What can't California do for me?

Being real with you matters here:

• State law cannot give you a green card, a work permit or protection from deportation.
• ICE and other federal agents still work in California.
• Federal programs, like most federal benefits and voting in federal elections, have their own rules.
• A federal registration rule applies here too.

To learn whether you have a way to get papers, talk to a lawyer. Many people find options they did not know about. See What you can do now if you have no clear path to papers.

Questions people ask us

Can my boss refuse to pay me because I have no papers? No. You must be paid for all work you did. File a wage claim.

Can my landlord evict me because of my status? A landlord may not ask about status or use it to push you out. Call a clinic if this happens.

How do I pay for emergency care? Ask the hospital's financial counselor to help you apply for emergency Medi-Cal. It is open to people who qualify by income, whatever their status.

Can my kids go to school? Yes. Every child can attend public school. See Every child can go to public school.

Can I report my boss or landlord without risk to my case? State law protects you from retaliation, and status does not decide your claim. Talk to a clinic first if you have an open immigration case.

Who can help?

These are free or low cost public offices and nonprofits. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto: 650-326-6440 (immigration, housing and workers' rights), for low income San Mateo and Santa Clara County residents
• Legal Aid Society of San Mateo County: (650) 558-0915, for San Mateo County residents
• Immigration Institute of the Bay Area, Redwood City: free first consultation by appointment, (650) 587-1558; citizenship workshop registration (650) 780-7530 (IIBA)
• San Mateo County Immigrant Services, for San Mateo County residents: (650) 363-4194
• San Mateo County benefits (Medi-Cal and CalFresh): 1-800-223-8383
• Santa Clara County Benefits: (408) 758-3800
• Anywhere in California: the state's map of free immigration legal services, or call (916) 651-8017. For help with any local need, call 211.

Only an attorney or a DOJ accredited representative may give you immigration legal advice. See Warning signs of an immigration scam.

Is there a card I can print?

Yes. Fold it and keep it in your wallet.

California chose to protect you in many ways. Use those rights, and lean on your community. You are not alone, and there is hope in the next step.