IMMIGRATION ENFORCEMENT; PERSONAL INFO S.B. 509:
SUMMARY OF INTRODUCED BILL
IN COMMITTEE
Senate Bill 509 (as introduced 8-26-25)
Sponsor: Senator Stephanie Chang
Committee: Civil Rights, Judiciary, and Public Safety
CONTENT
The bill would enact a new law to prohibit a government entity from providing an individual's identifying information to a person without a court-issued warrant if the person indicated or the entity suspected that the information would be used to enforce Federal immigration law.
Specifically, before providing any personal information to a person, a government entity would have to require that the person provide the government entity with the following, as applicable:
-- The person's name or the name of the entity on whose behalf the person was requesting the personal information, as applicable.
-- Contact information for the person.
-- A statement by the person, under penalty of perjury, about whether the person was requesting the personal information for the purpose of enforcing Federal immigration law.
-- If the person stated that the request for personal information was for the purpose of enforcing Federal immigration law, a statement about whether the person had a warrant for that personal information issued by a Federal court or court in the State.
If a person indicated that the personal information would be used for the purpose of enforcing Federal immigration law or if the government entity had reason to believe the personal information would be used for such, the government entity could not provide any personal information to the person unless the person presented a warrant for the personal information issued by a Federal court or court in the State.
"Personal information" would mean information that identifies an individual, including the individual's photograph or image, name, address, driver license number, Social Security number, telephone number, digitized signature, or medical and disability information. The term would include any information pertaining to an individual's criminal history, and any list, dataset, or aggregated data that contained the information described in the definition.
"Person" would mean an individual, partnership, corporation, organization, government entity, or association of any kind. "Government entity" would mean any State, county, or municipal department, bureau, division, section, board, commission, trustee, authority, or officer, created by the constitution, statute, or agency action.
By March 31, 2026, and each March 31 after, each government entity would have to provide a report to the Attorney General (AG) and the Legislature containing the following information for the previous calendar year:
-- The amount of requests the government entity received for personal information to be used for the purpose of enforcing Federal immigration law.
-- The number of those requests granted or denied by the government entity.
-- Any other information requested by the AG or the Legislature.
If a government entity that provided personal information to a person determined that the person used the personal information for the purpose of enforcing Federal immigration law in violation of the bill, government entities could not provide any personal information to that person, or to the entity on whose behalf the person requested the personal information, unless obligated by a warrant issued by a Federal court or a court in the State.
Legislative Analyst: Tyler VanHuyse
FISCAL IMPACT
The bill could increase costs to local governmental units in the form of administrative costs due to requests for information. The local governmental units also would have to file a report with the State once per year on all requests for information regarding immigration enforcement.
The bill would have a minor fiscal impact on local or State government. It would require the training and education of individuals representing those governments as to the policy requirements regarding information disclosure and require each government entity to provide an annual report to the AG and the Legislature on information requests received concerning the enforcement of Federal immigration laws.
The bill would create annual reporting costs for all government entities (as defined in the bill), including State, county, and municipal entities. It also likely would create costs for the AG to review those reports, although there is no specific mandate in the bill that the AG do so or take any legal action because of those reports. With nearly 300 cities, 83 counties, State departments, school boards, etc., the number of reports the AG would receive under the bill would likely exceed 600 annually. Likewise, the Legislature would likely incur costs to review such reports.
Fiscal Analyst: Bruce R. Baker
Bobby Canell
Joe Carrasco, Jr.
Michael Siracuse
SAS\S2526\s509sa This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. |