To: Board of Supervisors
From: Thomas L. Geiger, County Counsel
Report Title: Report on Senate Bill 580 Requiring Adoption of Policies to Limit Assistance with Immigration Authorities
Recommendation: Recommendation of the County Administrator
RECOMMENDATIONS:
CONSIDER accepting a report on Senate Bill 580, which requires local agencies to adopt policies to limit assistance with immigration authorities, and provide direction to staff.
FISCAL IMPACT:
None to accept the report.
BACKGROUND:
Summary and Options for the Board of Supervisors
At its July 7, 2026 meeting, the Board of Supervisors requested that County Counsel analyze whether a draft non-cooperation policy limiting the use of County funds and resources to cooperate with immigration authorities would conflict with Senate Bill 580, a law that requires the California Attorney General to develop model policies to limit assistance with immigration authorities and requires state and local agencies to adopt policies based on the Attorney General’s model policies.
As explained in this staff report and its attachments, the provisions in the County’s draft non-cooperation policy are consistent with the Attorney General’s model policy provisions or are generally consistent with the core principles contained within the Attorney General’s SB 580 guidance. The County’s draft non-cooperation policy, however, does not include the level of detail and protocol-based information required by the Attorney General’s model policies. The Board of Supervisors therefore has three options:
1. The Board must adopt policies that are consistent with the Attorney General’s model policies contained in its SB 580 guidance. The Board must adopt these policies no later than January 1, 2027. The Board is not required to take any additional action to comply with the requirements of Senate Bill 580.
2. The Board may adopt a non-cooperation policy that limits the use of County funds and resources, in addition to adopting policies that are consistent with the Attorney General’s SB 580 guidance.
3. The Board may adopt a non-cooperation ordinance that limits the use of County funds and resources, in addition to adopting policies that are consistent with the Attorney General’s SB 580 guidance.
Staff requires direction on which option to pursue, and if the direction is to pursue option 2 or 3, which provisions to include in a non-cooperation policy or ordinance.
Analysis of Senate Bill 580 Requirements
Senate Bill 580, enacted in 2025, is codified at Government Code section 12532.5, which requires the Attorney General to publish model policies for state and local agencies relating to interactions with immigration authorities consistent with federal and state law. On July 1, 2026, the Attorney General issued “Guidance and Model Policies to Assist State and Local Agencies in Responding to Immigration Issues Pursuant to Senate Bill 580 (2025)” (“AG Guidance” - see Attachment 1). Section 12532.5 also requires local agencies to adopt the model policy or an equivalent policy by January 1, 2027. The AG Guidance states that local agencies “should use this guide to align their internal policies with this guide’s model policies and recommendations, consistent with applicable law.” (AG Guidance, p. 2.)
The AG Guidance is based on the legal propositions that the federal government is responsible for immigration enforcement, and that state and local agencies are not required to participate in or facilitate immigration enforcement actions. The AG Guidance also highlights five “core principles” that inform the guidance and model policies: (1) local resources should not be used to assist in immigration enforcement activities, except as required by law; (2) agencies should limit or restrict the collection, retention, and disclosure of information that could aid in the identification or apprehension of individuals without lawful immigration status, unless required by law or where it is required by the lawful administration of a program; (3) when there is no legal obligation to comply, agencies should require appropriate legal process (e.g., judicial warrant) before complying; (4) requests for information should be forwarded to designated staff or legal counsel for evaluation and to ensure compliance with law and policy; and (5) agencies should document interactions with immigration authorities.
The AG Guidance includes model policies for two types of agency personnel interactions with immigration enforcement: (1) requests to access physical locations; and (2) requests for records, data, or other information from the agency. Local agencies must adopt these model policies or equivalent policies. The AG Guidance also includes a summary of applicable law, information about the legal effects of documents that an immigration officer may present, guidance and recommendations for databases, and community resource information.
The model policy provisions in the AG Guidance include considerable detail and are protocol- and procedures-based, requiring the County to develop and implement procedures for staff to follow in response to requests from immigration authorities.
The content of the model policies includes, among other things:
(1) response protocols for staff in handling requests by immigration authorities to access nonpublic areas of a facility and for handling requests to access records or information;
(2) a requirement that agencies designate staff or counsel to evaluate and respond to requests from immigration authorities;
(3) a requirement that nonpublic areas of facilities are clearly designated;
(4) a documentation protocol for all interactions with immigration authorities;
(5) policies for collecting and retaining sensitive information; and
(6) protocols governing agency responses to requests for information based on the type of demand.
The AG Guidance also includes training recommendations, best practices regarding database governance and protections, and database audit criteria.
The AG Guidance also explains that California law includes separate requirements specific to law enforcement agencies. The AG Guidance directs law enforcement agencies to review and follow the guidance and law enforcement bulletins from the Attorney General regarding the California Values Act, the TRUST Act, and the TRUTH Act, and any updates to follow. The AG Guidance references Information Bulletin 2025-DLE-03, “Updated Responsibilities of Law Enforcement Agencies Under the California Values Act, California TRUST Act, and the California TRUTH Act,” issued in January 2025. This bulletin states:
The Values Act (Senate Bill 54, codified at Gov. Code, §§ 7284, 7284.2, 7284.4, 7284.6, 7284.10, and 7284.12) made significant changes to California’s Transparency and Responsibility Using State Tools (TRUST) Act (Gov. Code, §§ 7282 and 7282.5) and repealed Health and Safety Code section 11369. Together, these provisions define the parameters under which state and local law enforcement agencies may engage in immigration enforcement-related activities.
The AG Guidance also provides that other agencies covered by Senate Bill 54 should consult the more specific guidance and model policy publications that apply to these agencies (or components of agencies). Senate Bill 54 includes Government Code section 7284.8, which required the Attorney General to issue certain model policies by October 1, 2018. In accord with this requirement, the Attorney General issued model policies to assist healthcare facilities and public libraries, among other types of facilities and institutions. The Attorney General issued updated guidance and model policies in December 2024. Section 7284.8 also requires healthcare facilities operated by the state or a political subdivision of the state to implement the Attorney General’s model policy, or an equivalent policy, and encourages public libraries to do so. The Health Services Department and the Contra Costa County Library system have adopted policies based on the Attorney General’s model policies. (Attachments 8 and 9.) The Community Services Bureau (within the Employment and Human Services Department), as required by Assembly Bill 495, has adopted a policy because it operates licensed childcare facilities. (Attachment 10.)
Similarities and Differences Between Ordinances and Policies
As noted above, one option for the Board to consider (option 2) is to adopt a non-cooperation policy that limits the use of County funds and resources, in addition to adopting policies that are consistent with the Attorney General’s SB 580 guidance. Another option (option 3) is to adopt a non-cooperation ordinance that limits the use of County funds and resources, in addition to adopting policies that are consistent with the Attorney General’s SB 580 guidance.
Attachment 4 is a table that compares ordinances and policies. The table distinguishes between penal ordinances and administrative ordinances. An ordinance is penal if a violation of the ordinance is enforced by imposing fines, issuing abatement orders, or obtaining injunctive relief from a court. An administrative ordinance regulates the structure of County government. The County does not enforce an ordinance against itself by imposing fines against itself, by issuing abatement orders against itself, or by seeking injunctive relief against itself. In addition, the public is not authorized to enforce a County ordinance or policy on behalf of the County.
Contractor Provisions
The County enters into thousands of contracts every year. Examples of the types of contracts the County enters into include but are not limited to: contracts for services, software contracts, purchase orders to purchase goods, real estate purchase contracts, leases, licenses, construction contracts, employment contracts, memorandums of understanding, intergovernmental agreements, joint powers agreements, franchise agreements, and agreements associated with receiving grants. The decision to enter into a contract with another party is a discretionary decision of the Board, unless the Board has delegated that authority to someone else, like the County Purchasing Agent.
A contract requires both parties to the contract to agree to all contract terms at the time the parties enter into the agreement. If one party would like to change a contract term after the contract has been entered into, the other party must agree to the changed contract term. One party cannot unilaterally change the terms of a contract. If a party that the County is contracting with violates a contract term (that is, breaches the contract), the County may enforce the contract breach by terminating the contract or suing the contractor for breach of contract.
If the Board wishes to include contractor provisions in a non-cooperation policy or ordinance, the provisions would apply to contracts entered into after the effective date of the policy or ordinance. The policy or ordinance would need to specify which terms should be included in contracts and what types of contracts the policy or ordinance would apply to.
Attachments
This staff report includes the following attachments:
Attachment 1: The California Attorney General’s “Guidance and Model Policies to Assist State and Local Agencies in Responding to Immigration Issues Pursuant to Senate Bill 580 (2025)”
Attachment 2: Draft non-cooperation policy (with resolution) included in the Board’s July 7, 2026 meeting packet
Attachment 3: Table Comparing County’s Draft Non-Cooperation Policy with the Attorney General’s Guidance Model Policy Provisions and Requirements
Attachment 4: Table Comparing Ordinances and Policies
Attachment 5: Bay Area Counties and Other Local Agencies: Survey of Immigration-Related Responses
Attachment 6: Guide for Interactions with U.S. Immigration and Customs Enforcement (ICE) Agents, prepared by County Counsel
Attachment 7: Contra Costa County Office of the Sheriff Policy No. 1.02.28 - Subject: Immigration Status
Attachment 8: Contra Costa Health Policy No. 129A - Policy for Responding to Immigration Enforcement Issues
Attachment 9: Contra Costa County Library Policy for Responding to Immigration Enforcement Officers
Attachment 10: Community Services Bureau Procedure Manual Addendum - Family Preparedness Act of 2025 (AB 495) Protection of Children, Families, and Confidential Information
CONSEQUENCE OF NEGATIVE ACTION:
The report would not be accepted.