California Expands Caregiver Rights in Immigration Emergencies. Is Arizona Next?
Governor Gavin Newsom recently signed into law Assembly Bill 495, which allows a broader range of relatives to step in as caregivers if a child’s parent is deported or otherwise unavailable. The bill gives immigrant parents the right to name a temporary caregiver in advance; someone who can take their child to the doctor, enroll them in school, and handle day-to-day responsibilities in the parent’s absence.
The law also:
Expands who qualifies as a caregiver using a formal caregiver’s authorization affidavit, including distant relatives like great-aunts or cousins.
Protects family privacy by prohibiting daycare centers from collecting immigration status information.
Provides a family court pathway for parents to nominate a temporary guardian without surrendering custody.
Supporters say AB 495 offers peace of mind for undocumented parents fearing deportation and prevents unnecessary trauma for children. The bill was backed by immigrant advocacy organizations and child welfare groups such as the Alliance for Children’s Rights.
But not everyone agrees. Conservative critics accused the legislation of undermining parental rights, spreading false claims that it could allow unrelated individuals—or even traffickers—to claim children. In response, the bill was amended to remove language that included non-relatives. Despite this, opponents still rallied against it, with some calling it the most dangerous bill of the year.
Newsom eventually signed the bill just before the deadline, noting that it does not change custody law, which remains under the authority of family court judges.
What This Means for Arizona Families
Arizona families in mixed-status households face many of the same fears as those in California, particularly the risk of children being separated from parents during immigration enforcement actions.
Arizona currently lacks a similar statewide mechanism that allows undocumented parents to formally designate a broader range of relatives to act as temporary caregivers. In emergencies, this can lead to children entering the foster care system, even if relatives are available and willing to help.
California’s AB 495 offers a potential model for pro-family, pro-safety immigration legislation. Expanding caregiver affidavit laws in Arizona could protect children while respecting family unity and parental intent. It could also reduce pressure on state foster care systems.
For Arizona residents, especially undocumented or mixed-status families, it’s worth consulting with an immigration attorney or family law attorney about advance planning options that may offer similar protections, such as temporary guardianship filings, powers of attorney, or custom caregiver agreements.
If You’re Facing Immigration-Related Family Issues
At HarmonyLaw.com, we help families across the U.S. protect their loved ones, whether dealing with family law challenges or immigration-related custody concerns. If you're a parent worried about what happens to your children in the event of detention or deportation, we can connect you with a compassionate attorney in your area who understands both family law and immigration rights.
Contact Harmony Law today at (888) 427-1280 to schedule a confidential consultation and safeguard your family’s future.
