A huge issue that immigrant families face in California is the potential for being separated from other family members. That’s because laws and policies are constantly shifting and changing. And given the huge immigrant population here, it’s no surprise that the state government is also making changes. One recent change is Assembly Bill 495, which goes into effect on January 1, 2026.
What is Assembly Bill 495?
Officially titled the “Family Preparedness Act of 2025”, Assembly Bill 495 is a new state law that was originally signed by Governor Newsom on October 12, 2025. As the name suggests, it allows families to plan for emergency or temporary separation by:
- Expanding who can legally step in to care for children and how guardianship can be handled.
Prior to its passage, only parents and other close family members could sign what’s called a “Caregiver’s Authorization Affidavit” that would allow them to make decisions about their child’s medical care or education.
AB 495 expands who qualifies as a “relative”—including a wider definition of “family members.” Now with its passage, others can complete an affidavit, like adult:
- Cousins
- Nieces or nephews
- Great-grandparents
- Other relatives who have a “significant family relationship” with the child
So, AB 495 makes it easier for you to make decisions about your child’s care and future. But it brings up an important question: how does this help me as an immigrant parent?
How Does AB 495 Help Me as an Immigrant Parent in California?
Being an immigrant parent in California comes with unique challenges, especially when facing situations that could temporarily separate you from your children, like detention or full deportation.
And given the political climate, temporary (or permanent) separation from your child is something that you have to prepare for. That’s the main reason why AB 495 was passed–and is titled the way it is. Still, though, it’s helpful to look at how this new law helps you as it specifically relates to your immigration status:
- Giving you control. First and foremost, AB 495 gives you control over a typically uncontrollable situation. It lets you legally name someone you trust—whether a family member or, in some cases, a close friend—to temporarily care for your child. This gives you and your children stability in an unstable time, letting them keep attending school, receiving medical care, and staying in a stable environment, even if you’re unavailable.
- Not losing your parental rights. AB 495 also lets you set up a temporary joint guardianship through the court. This gives a trusted caregiver legal authority while you’re away, without giving up your parental rights. Once you return, full control over your child remains with you.
- Protecting your family’s privacy. Another huge benefit of AB 495 is that it tells your child’s school and other programs to limit questions they ask about your immigration status. Staff can’t ask for your immigration status or assist with enforcement actions, reducing stress and fear for your family.
- Legal tools moving forward. Perhaps the most important benefit is that AB 495 is that it allows you and your family to plan ahead. You obviously don’t want to be separated from your children, but in the event that you are, you can create legally recognized documents that protect your children and make sure they have continuity of care—even in unexpected situations.
The bottom line is AB 495 provides immigrant parents in California with practical, legally protected ways to maintain their children’s care, education, and well-being. This peace of mind during uncertain times is vital for keeping your family together and moving forward.
Reach Out For Immigration Help From Maison Law Immigration Lawyers
As an immigrant parent in California, keeping your family together is probably your biggest priority. AB 495 was created with that reality in mind. You don’t have to hire a lawyer to use the tools in this new law, but having guidance can make the process easier and help you avoid mistakes that could affect your child’s care.
Our team at Maison Law Immigration Lawyers can walk you through the options AB 495 gives you—whether that’s:
- Setting up a Caregiver Authorization Affidavit
- Exploring temporary joint guardianship
- Preparing the right documents
- Understanding what the law requires
- Making a plan that fits your family’s situation.
More than anything, we’re here to make this feel manageable. AB 495 is meant to give parents peace of mind, and we want to help you take full advantage of it so you can focus on your family, your future, and your day-to-day life. Set up a one-on-one consultation today.
