Civil Rights

SAN DIEGO — California Attorney General Rob Bonta today released the California Department of Justice’s (DOJ) fourth report on immigration detention facilities operating in California where noncitizens are detained by Immigration and Customs Enforcement (ICE). In an effort to increase transparency in these facilities, DOJ staff and a team of experts reviewed each of the six locked immigration detention facilities in operation in the state.   

“California has a responsibility to understand the conditions in which all our residents live, including people who are detained at immigration detention facilities. My office’s review of facilities in California shows that issues previously identified have persisted, while new findings make clear that these facilities need significant improvements to fall in compliance with ICE’s own detention standards,” said Attorney General Bonta. “California’s facility reviews remain especially critical in light of efforts by the Trump Administration to both eliminate oversight of conditions at immigration detention facilities and increase its inhumane campaign of mass immigration enforcement, potentially exacerbating critical issues already present in these facilities by packing them with more people.”

BACKGROUND

The report is intended to provide members of the public and policymakers with critical information about the conditions that people in civil immigration detention in California are subjected to. In response to growing concerns for the health and safety of people in civil immigration detention, the California Legislature enacted Assembly Bill 103 in 2017 to require DOJ to review and report on conditions of confinement at immigration detention facilities through July 1, 2027. These concerns remain with respect to the immigration detention facilities still in operation in the state. During the review process for this report, DOJ staff — with support from a team of correctional and health care experts — reviewed each of the six locked immigration detention facilities in operation in the state, all of which are privately operated. As part of the review of each facility, the DOJ team toured each facility, reviewed and analyzed logs, policies, detainee records, and other documentation, and interviewed detention staff and 154 detained individuals across the six detention facilities. 

THE 2025 REPORT

The 2025 report provides a comprehensive review of immigration detention facilities in California and closely examines applicable standards in areas including conditions of confinement, security classification and housing, use of force, discipline, restrictive housing, Prison Rape Elimination Act (PREA) compliance, access to health care, and due process, with a particular focus on mental health. 

The 2019 and 2021 reports offered a comprehensive review of conditions of confinement, the standard of care, and due process protections at facilities operating in California, some of which have since closed, and the 2022 report provided a focused review of how the seven immigration detention facilities operating in California at that time responded to the pandemic in the latter half of 2021, with focus on conditions of confinement and the facilities’ level of compliance with public health and safety measures.

DOJ’s prior reports identified inadequate mental health care services at detention facilities in California. This finding is consistent with research and other reviews of facilities nationwide and concerning given the negative impacts of detention on mental health. Detained people experience high rates of depression, anxiety, and post-traumatic stress disorder (PTSD), and increased likelihood of self-harm behavior. All these conditions can worsen with increased lengths of time spent in detention facilities. As such, the 2025 report includes a particular focus on the mental health needs of detained individuals, including the availability and quality of mental health services, the prevalence of mental health conditions in the detained population, and the ways conditions of confinement in these facilities impact both mental health conditions and the due process rights of detained individuals.

Immigration enforcement and detention appears likely to continue to increase across the country under the Trump Administration, as evidenced by the significant increase of individuals held in ICE custody in California: as of April 2025, 3,104 people were held in detention. Future increases in population levels at detention facilities will have implications for the facilities’ ability to provide for health care and other detainee needs. At present, California has an approximate 7,000 detention bed capacity across all facilities which is poised to grow. This year, private detention center owners moved to expand new detention space to two facilities in Kern County.

Some of the latest report’s key observations include: 

Pat Downs: DOJ was particularly concerned with Mesa Verde’s pat down search policy, in which detained persons were subjected to pat down searches anytime they left their housing unit. Detained individuals described the searches as invasive and inappropriate and reported a chilling effect on detained people’s decisions about whether to obtain medical and mental health services and meals. The policy resulted in allegations of sexual assault and numerous complaints from detained people against facility staff. 

Medical Health Records: Recordkeeping, maintenance, and review of health care files at all six facilities were deficient. Without appropriate and comprehensive records, providers were often unable to create and implement adequate treatment plans. 

Suicide Prevention and Intervention: DOJ identified a deficiency in suicide prevention and intervention strategies in every facility. This finding is particularly concerning because of the high suicide risk in detained populations.  

Use of Force Practices: At different facilities, staff appeared to be overutilizing discipline and use of force and did not consider mental health conditions prior to engaging in calculated use of force incidents — as is required by ICE’s standards of care. DOJ identified disproportionate use of force against individuals with mental health diagnoses.

Discipline: At Golden State, detainees were over-disciplined, including for making complaints.

Solitary Confinement: Solitary confinement is associated with negative mental health outcomes and exacerbation of existing mental health conditions. Facilities generally not did not conduct mental health reviews required by ICE’s detention standards before placing detained people in segregation (also commonly known as solitary confinement) to avoid worsening existing mental health conditions. Some detained people spent periods of several months to over a year in conditions of isolation, which is harmful for any detained person but presents particular risk to those with underlying mental health conditions.

Medical Care: Across most facilities, detained persons faced delays in securing adequate medical care. At Mesa Verde, detainees face prolonged wait times for critical offsite care.  At Desert View, there were some lapses with respect to the management of infectious diseases which are of particular concern in a facility seeing a high volume and high turnover of detainees who need appropriate treatment. At Otay Mesa, the DOJ team identified some lapses in the quality and timeliness of diagnostic care.  

Due Process: Detention facilities did not consistently satisfy their obligations to support detained people to ensure that mental health conditions did not negatively impact their immigration outcomes. For example, DOJ received reports that detained people appeared for court without having received prescribed medication or other needed treatment, which meant they could not meaningfully participate in their hearings.  

DOJ's Office of Community Awareness, Response, and Engagement will host a Community Briefing on Thursday, May 22 at 10am to share the findings of this report. People interested can register here: https://doj-ca.zoomgov.com/webinar/register/WN_8P7Xa1_3QoSdCJts3EnfbA

A copy of the report is available in English here and in Spanish here.  

OAKLAND — California Attorney General Rob Bonta today, along with 21 attorneys general, filed an amicus brief in support of Susman Godfrey LLP’s lawsuit seeking to block the Trump Administration from retaliating against the firm and its attorneys. The Trump Administration’s actions against Susman Godfrey are part of a larger campaign by President Trump to silence lawyers and law firms that represent individuals and causes that he does not agree with. In the amicus brief, the attorneys general defend the rule of law and ask the court to permanently halt the Trump Administration’s retaliatory actions.

“Everybody is entitled to legal access and vigorous representation without fear of retribution. The Trump Administration’s political attack on Susman Godfrey based on the clients and ideas they represent is an attempt to silence people who challenge the President. If allowed to continue, this will have an immediate chilling effect on attorneys nationwide, making it harder for lawyers to provide the critical legal services on which our courts and residents depend,” said Attorney General Bonta. “Along with my fellow attorneys general, I proudly stand in support of Susman Godfrey and all other law firms whose free speech rights are being targeted and strongly condemn President Trump’s effort to silence those he disagrees with.”

Over the past two months, President Trump has issued an unprecedented series of executive orders imposing severe sanctions on law firms whose advocacy, clients, and lawyers he dislikes. Earlier this month, the Trump Administration issued an executive order targeting Susman Godfrey, which sued Fox News for alleged election-related lies. The order strips the firm of active security clearances and terminates federal contracts with the firm and its clients, among other things. Susman Godfrey sued to halt enforcement of the order targeting their firm, citing violations of free speech and unconstitutional interference with the rights of their clients to select lawyers of their choosing.  

In the brief, the attorneys general argue that by retaliating against Susman Godfrey and discriminating based on viewpoint, the Trump Administration is violating the First Amendment and ask the court to permanently halt the Trump Administration’s retaliatory actions. The attorneys general make the point that a well-functioning judicial system depends on the willingness of lawyers to take on difficult cases or unpopular clients without retribution by their government. Any attempts to deter lawyers from representing the full spectrum of clients and causes would undermine judicial systems across the country.  

Attorney General Bonta has vigorously called out President Trump’s assault on the rule of law. Last month, Attorney General Bonta, along with 20 other state attorneys general issued an open letter urging the legal community to stand together in defense of the rule of law in response to President Trump’s recent attacks, which include calls for the impeachment of federal judges and threats of retribution against law firms and attorneys who take or have taken positions in opposition to him or his Administration. Attorney General Bonta also issued a separate statement on the need to speak up and push back when our democratic norms are violated, our legal system undermined, and our laws broken. Attorney General Bonta has filed amicus briefs in support of Perkins Coie, WilmerHale, and Jenner & Block, law firms that have also been targeted by the Trump Administration over their representation of clients or positions President Trump disagrees with.   

In filing the brief, Attorney General Bonta joins the attorneys general of Washington, Illinois, New Jersey, Massachusetts, Arizona, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Rhode Island, Vermont, and the District of Columbia. 

A copy of the brief can be found here. 

OAKLAND — California Attorney General Rob Bonta, as part of a coalition of 19 attorneys general, today announced filing an amicus brief in Pacito v. Trump in support of a challenge to the suspension of refugee entry and application processing, and the stop work orders for refugee resettlement agencies. In their brief, the attorneys general argue that the Trump Administration's Refugee Ban and Refugee Funding Suspension are unlawful, misrepresent the concerns and interests of states, and undermine states’ ongoing efforts to successfully assimilate and integrate newly arrived refugees.

“The foundation of our nation was built by people seeking to create a better life away from persecution,” said Attorney General Bonta. “Refugees are not a burden — they're a benefit to states. Refugees contribute to our communities both socially and economically as business owners, doctors, teachers, and neighbors. In California, we are home to approximately 50,000 refugee entrepreneurs who bring in an estimated $1.9 billion in business income collectively. The actions by the Trump Administration are unlawful and directly undermine the efforts of states like California to welcome people into our communities.”

Each year, thousands of refugees are admitted into the United States and welcomed into communities across the country where they can connect with services, resources, and members of their family or cultural community; these resources help them not just adjust but thrive. During the first Trump Administration, President Trump issued an executive order requiring states and towns to opt in if they wanted to resettle refugees; despite the order being quickly enjoined, 42 states and more than 100 mayors elected to opt in. States recognize the benefits of refugee resettlement and are proud to be home to large and diverse refugee populations, whose presence not only enriches the social fabric of our states and local communities, but also promotes a vibrant economy.

The Refugee Ban, which imposes by executive order an indefinite suspension on all refugee entry and refugee application processing, conflicts with the established Refugee Act by suspending entry and final approvals even for “follow-to-join” refugees — the spouses or unmarried under-21-year-old children of admitted refugees — despite Congress’s judgment that those persons “shall” be entitled to admission so long as they are not specifically barred on other grounds.

The Refugee Funding Suspension, which relies on the President's executive order regarding foreign aid, suspends federal funding for resettlement agencies that help refugees apply for admission and help refugees who have been admitted into our country and are already present in the states. The suspension directly prevents agencies from fulfilling their statutorily mandated task of providing basic needs and ensuring economic self-sufficiency and effective resettlement of refugees.

In the amicus brief, the coalition urges the U.S. District Court for the Western District of Washington to grant a preliminary injunction preventing this order from going into effect, arguing that both the Refugee Ban and the Refugee Funding Suspension are unlawful and:

• Conflict and misrepresent states interests, ignoring states’ existing role in the distribution of refugees before their placements; and
• Harm states by disrupting critical work to assimilate and integrate refugees by depriving them of basic needs and essential services.

In filing the amicus brief, Attorney General Bonta joins the attorneys general of Washington, Massachusetts, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New York, Rhode Island, Vermont, and Wisconsin.  

A copy of the brief can be found here.

SAN FRANCISCO — California Attorney General Rob Bonta today delivered remarks on California Department of Justice’s preparations to protect California’s values, people, and natural resources ahead of a second Trump Administration. To view a recording of the press conference, please visit here. 

Attorney General Bonta's Remarks as Prepared for Delivery:

As the reality of a second Trump Administration takes hold, I know there is a great deal of fear, sadness, anxiety, and panic. 

I understand. 

I’m here today to reassure you that in California, progress will prevail. 

No matter who is in the White House, no matter who holds control of Congress, in California we will keep moving forward. 

In California, we will choose calm over chaos. 

Fact over fiction.

Belonging over blame.

Unity over division. 

“Us and we” over “I and me.” 

It’s why we’re the 5th largest economy in the world. Not in spite of our commitment to workers, consumers, and the environment, because of it. 

Because we’re the largest and most diverse state in the nation.

Because we believe in the power of inclusivity.

Because we believe in truth over lies. Hope over hate. Light over dark.

Because  we believe in looking forward.

It’s who we are in the Golden State. It’s in our DNA. Nothing and no one can change that. 

As Attorney General, I’ll continue to use the full force of the law and authority of this office to address injustice. 

To stand up for all people, especially those who have long been overlooked and undervalued.

To safeguard reproductive rights. 

And advocate for more housing — especially more affordable housing for lower and middle-income families just trying to get by.

I’ll continue to take on greedy corporate giants and fight for more affordable gas, groceries, and everything in between.  

I’ll continue to defend our world-renowned natural resources and protect them for generations to come. 

Continue to fight for clean water to drink and clean air to breathe.

Continue to crack down on illicit guns on our streets and get fentanyl out of our neighborhoods. 

Continue to fight for workers.

I’ll continue to protect, defend, and serve every single Californian. No matter your politics. 

I’m here to ensure every person — no matter how they look, how much money they make, where they’re from, who they love, how they identify, or how they pray — can pursue their version of the California Dream. 

A fair wage and good benefits.  

A safe and affordable place to live.  

Affordable and accessible health care. 

Good schools to send our kids to. 

Safe neighborhoods to raise our families. 

That’s my promise to you, no matter who is in the White House.  

We’ve been here before.

We lived through Trump 1.0. 

We know what he’s capable of. 

We know what plans he has in store. 

The silver lining is just that: we know. 

We know to take Trump at his word when he says he’ll roll back environmental protections, go after our immigrant and LGBTQ+ communities, attack our civil rights, and restrict access to essential reproductive care.

Which means, we won’t be flat-footed come January.

You can be sure that as California Attorney General, if Trump attacks your rights: I’ll be there. 

If Trump comes after your freedoms: I’ll be there. 

If Trump jeopardizes your safety and well-being: I’ll be there.

California DOJ did it before and we’ll do it again.  

During the last Trump Administration, California DOJ fought to stop illegal rollbacks and proposals that would’ve harmed the well-being, health, safety, and civil rights of our people and of people across the country. 

That would have caused irrevocable damage to our environment.

No matter who is in charge of the federal government…

No matter what the incoming Administration has in store… California will remain the steadfast beacon of progress it has long been.  

A constant, unwavering, immoveable force to be reckoned with.  

We’ll continue to be a check on overreach and push back on abuse of power. 

Be the antidote to dangerous, extremist, hateful vitriol.

Be the blueprint of progress for the nation to look to.

Remember: in moments of chaos in D.C., you can always look to California for calm resolve. 

California leaders across the state are ready to stand arm-in-arm. 

Governor Newsom and every single Constitutional Officer;  

Senator Padilla and Senator-elect Schiff;  

Democratic members of Congress; 

Pro Tem McGuire, Speaker Rivas, and the California Legislature; 

Mayors, supervisors, and city councilmembers from San Francisco to San Diego are ready to fight for our California values. 

For our people. For our environment.

For progress and justice.

And as necessary, we’re ready to take on the challenges of a second Trump Administration — together.

While a great deal of change is on the horizon…

California’s path to progress remains full steam ahead.

It may not always be linear. Progress so rarely is. 

It zigs and zags. Takes frustrating detours. Inches forward and backward and forward again. 

The detours and setbacks don’t define our progress.

Our commitment to forward momentum defines our progress. Defines us. 

It’s what we do next that will define us. 

If you’re feeling despondent today, remember that you’re not alone. 

In California, we’re not looking back. We’re not moving back. 

We’re California! We’ll meet any challenges head on and rise to the occasion.

As is so often said, as California goes, so goes the nation.

In the days and months and years to come, all eyes will look west. 

In California, they’ll see: we’re still moving forward.

Thank you. 

Alert includes resources for wage theft and worker misclassification

OAKLAND — Ahead of Labor Day, Attorney General Rob Bonta issued a consumer alert, warning California workers to be on the lookout for employers who abuse their power and engage in labor trafficking, wage theft, and worker misclassification. Labor trafficking is a crime where perpetrators target vulnerable communities for the purpose of profiting from the control and exploitation of vulnerable individuals for labor through force, fraud, duress, or coercion.

"Labor trafficking is a crime that involves forcing or coercing people to perform labor or services. This Labor Day, and all days, I urge Californians — especially those in domestic service, and the agricultural, hospitality, and construction fields — to be aware of the signs of labor trafficking and speak up if you or someone you know is being exploited at work," said Attorney General Bonta. "Californians of all legal statuses must be treated with dignity on the job — California law generally prohibits law enforcement authorities from asking individuals, including those who are reporting or are victims of potential crimes, about their immigration status. As the People's Attorney, I am proud to use the full weight of my office to protect our most vulnerable workers from abuse and exploitation."

Labor Trafficking

Labor trafficking involves the deprivation of a worker’s liberty, with the intention of obtaining forced labor. It can include the recruitment, harboring, or transportation of people for labor services, through the use of force, fraud, duress, or coercion. People who experience labor trafficking receive little or no pay for their work. Traffickers can use coercive tactics such as destroying or withholding legal documents to prevent workers from leaving and can force people to work claiming a worker owes a debt to the trafficker. 

Labor trafficking can occur in homes and workplaces and arises in many fields of work, including domestic service, restaurant work, janitorial work, factory work, migrant agricultural work, the cannabis industry, and construction.  One in five people who experience labor trafficking work in private homes, which is why their trafficking often goes undetected.

Labor trafficking is often perpetrated by traffickers who are of the same cultural origin and ethnicity as the people who are trafficked, which can allow traffickers to use class hierarchy and cultural power to ensure compliance. Traffickers are known to tell workers that they will not be believed if they go to the authorities, that they will be deported from the United States, and that they have nowhere to run. Traffickers isolate workers and teach workers to trust no one but the traffickers, so workers are often suspicious of genuine offers to help. Trafficked workers often are required to live in unsanitary and overcrowded living and working conditions.  Detecting labor trafficking can be challenging. For a list of potential indicators of labor trafficking to help you recognize the signs, please visit here.

If you or someone you know is being forced to engage in any activity and cannot leave — whether it is commercial sex, domestic service, farm work, construction, factory, retail, or restaurant work, or more — you can call the National Human Trafficking Hotline at 1-888-373-7888 to access help and services. If you or someone else is in immediate danger, call 9-1-1.

It is important to remember that California law prohibits law enforcement authorities from asking individuals, including those who are reporting or who experience crimes, about their immigration status unless the information is necessary to certify the victim for a U visa (victim of crime visa) or T visa (victim of human trafficking visa).

If you need help, you can reach out to the California Department of Justice's Victims' Services Unit by callling 1-877-433-9069, visiting oag.ca.gov/victimservices, or emailing VictimServices@doj.ca.gov. Additional support may be found through local authorities and various organizations, including: 

National Human Trafficking Hotline

• Find them online at https://humantraffickinghotline.org/ (Online Chat Available);
• Text 233-733 (Be Free); or
• Call 1-888-373-7888. 

The Victims of Crime Resource Center

• Find them online at https://1800victims.org/ (Online Chat Available);
• Text or call 1-800-842-8467; or
• Email 1800VICTIMS@pacific.edu.

Additional Resources

Resources such as emergency food and shelter, legal services, and health services can be found on your city or county websites. For those who have experienced a violent crime, the California Victim Compensation Board can help cover related bills and expenses.

Wage Theft

Wage theft occurs when an employer does not pay workers’ wages for what they are owed. Historically, wage theft and other crimes against workers have not been prosecuted and instead were treated as civil matters with enforcement by labor departments. However, intentionally withholding wages from workers is a crime. When this occurs, an employer often denies workers fundamental legal rights such as fair compensation, breaks, and overtime pay. From 2014 to 2023, California workers lost an average of $2.3 to $4.6 billion from not being paid the minimum wage. Workers with the greatest chance of experiencing wage theft include garment workers, maintenance workers, restaurant workers, domestic workers, care home workers, construction or day laborers, car wash workers, and other low-wage workers.

Common examples of wage theft include:

• Being paid less than minimum wage per hour
• Not being allowed to take meal breaks, rest breaks, and/or preventative cool-down breaks
• Not receiving agreed-upon wages (this includes overtime on commissions, piece rate, and regular wages)
• Owners or managers taking tips
• Not accruing or not allowed to use paid sick leave
• Failing to be reimbursed for business expenses
• Not being paid promised vacations or bonuses
• Having unauthorized deductions from paycheck
• Not being paid split shift premiums
• Bounced paychecks
• Not receiving final wages in a timely manner
• Not receiving Reporting Time Pay
• Unauthorized deductions from your pay
• Failure to provide timely access to personnel files and payroll records

If you have experienced wage theft you can report to law enforcement and file an online wage claim with the Labor Commissioner's Office here. If you need advocate assistance with your wage claim, please refer to the following list of community organizations.

Misclassification

Misclassification of workers occurs when an employer improperly classifies their employees as independent contractors so that they do not have to pay payroll taxes, minimum wage or overtime, or comply with other wage and hour law requirements such as providing meal periods and rest breaks. “Employees,” unlike “independent contractors,” are entitled to a wide range of rights, benefits, and protections under California law, including workers’ compensation coverage if injured on the job, the right to family leave, unemployment insurance, the legal right to organize or join a union, and protection against employer retaliation.

To report the misclassification of an employee as an independent contractor, please visit the Labor Commissioner's Office here.

Attorney General Bonta is committed to defending workers' rights and investigating and prosecuting labor trafficking and wage theft. Through the Civil Rights Enforcement Section, the Worker Rights and Fair Labor Section, and the Antitrust Law Section, Attorney General Bonta enforces California’s laws to protect the welfare of California workers and legitimate businesses operating in California.

In June 2022, Attorney General Bonta announced the guilty verdicts of three members of the Gamos Family for human trafficking and labor-related charges, as well as a guilty plea by the fourth member of the family. The four individuals committed these crimes while operating Rainbow Bright, an adult residential and childcare company in the Bay Area. The defendants targeted members of the Filipino community, many of whom were recent immigrants to the United States, for human trafficking and wage theft. The defendants trafficked many of the victims using threats of arrest and deportation, and false promises to assist with immigration. In February 2023, Attorney General Bonta announced the prison sentences for three members of the Gamos Family.

To learn more about labor trafficking, please visit here. 

Gender-based price differences for similar consumer products are illegal in California

OAKLAND — Today, on Women’s Equality Day, California Attorney General Rob Bonta issued a consumer alert, reminding Californians of their rights under AB 1287, which prohibits businesses from charging different prices for substantially similar goods based on the gender of the product’s target audience — a practice known as the “Pink Tax” when used to charge women higher prices than men for essentially the same goods. On average, products marketed to women cost 7% more than those marketed to men and as much as 13% more for personal care products. AB 1287, authored by Assemblymember Rebecca Bauer-Kahan (D-Orinda), went into effect on January 1, 2023, and is enforceable by Attorney General Bonta. If you have seen or been a victim of gender-based price differences that you believe violate the law, please file a complaint at oag.ca.gov/report.

“The Pink Tax is a sexist practice that is illegal in California. Women, especially Black and Latinx women, are paid less than their white, male counterparts in the same roles, yet have to spend more than men to buy very similar products,” said Attorney General Rob Bonta. “California consumers have the right to shop without fear of discrimination. I encourage consumers to be aware of their rights under California’s Pink Tax Law and to file a complaint if they believe there have been violations of this law.”

“It has been two years since the passage of AB 1287 and it is very exciting to see the work Attorney General Bonta is doing to guarantee consumers rights under California’s Pink Tax Law. Unequal prices for women translate to impacts for their own financial wellbeing as well as that of their families. This also exacerbates the already-existing gender gap in financial inequality," said Assemblymember Rebecca Bauer-Kahan. "Around 80 percent of product volume is gender-targeted. This type of arbitrary gendered pricing has no place in California. Closing these unnecessary and burdensome gaps is an important step toward gender equality.”  

“Women are still earning less than our male counterparts, and the fact that some companies may continue charging more for a product simply because it is marketed to women is a sexist penalty that is now illegal,” said Darcy Totten, Interim Executive Director of the California Commission on the Status of Women and Girls. “The Commission is proud to have cosponsored AB 1287 to put an end to arbitrary price differences for everyday products and encourage anyone who has been a victim of gender-based price differences to file a complaint. We are grateful to Attorney General Rob Bonta for issuing a Consumer Alert to help ensure that women and girls in our state know their rights as we collectively remove one of the last pillars of commercial gender discrimination to ensure women equal access to products without paying a “tax” for their gender.” 

In passing California’s Pink Tax Law, the Legislature cited considerable evidence of the existence of the “Pink Tax,” including a 2015 study showing that girls’ or women’s products cost more than similar products for boys or men 42% of the time.

Some examples of products where gender-based pricing may be found include:

• Toys and accessories (e.g., pink vs. red bikes and scooters, pink vs. blue helmets, arts and crafts)
• Children’s clothing
• Adult clothing
• Personal care products (e.g., hair care products, razors and razor cartridges, lotions)
• Senior/home health care products (e.g., personal urinals, supports and braces, canes)  

AB 1287 does not prohibit charging different prices for goods that are seemingly alike, but different for reasons that do not have to do with gender-based marketing. These reasons include differences in: 

• The amount of time to manufacture the goods
• Difficulty of manufacturing the goods
• Cost incurred to manufacture the goods
• Labor used to manufacture the goods
• Materials used to manufacture the goods

Women make up as much as 85% of consumer purchases in the United States — they also face higher prices for seemingly neutral products like mortgage rates. Compounded by the gender pay gap, unequal pricing translates into unjust and harmful financial impacts for women and their families. Wealth inequality disproportionally affects women and women of color. Women earn approximately 82% of what men earn. For every 1 dollar earned by white men, Latinx women earn 65 cents. AB 1287 disrupts this cycle by holding those who still charge the Pink Tax accountable. Because the Attorney General has enforcement authority for violations of California’s Pink Tax Law, it is important that we hear from the public about potential violations of the law.

If you have seen or experienced gender-based price differences that you believe violate the law, please file a complaint at oag.ca.gov/report.

For more information on AB 1287, California’s Pink Tax Law, please visit oag.ca.gov/ab1287. 

A copy of the consumer alert can be found here.  

OAKLAND – California Attorney General Rob Bonta today joined a multistate coalition of 18 attorneys general in an amicus brief before the Fifth Circuit Court of Appeals in Texas v. U.S. Department of Homeland Security. The brief supports President Biden’s Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV Parole Program). The CHNV Parole Program offers qualified individuals from those four countries an opportunity to apply for advance travel authorization and to be considered on a case-by-case basis for temporary humanitarian parole of up to two years, which includes employment authorization. In the amicus brief, the coalition underscores the states’ interest in upholding the federal government's discretionary power to allow certain migrants entry or immigrants to stay in the country on humanitarian grounds. The brief urges the court to leave the CHNV Parole Program in place.

“In California, we believe that migrants escaping violence should be treated with compassion and dignity, and immigration parole programs are a crucial part of a just and secure immigration system,” said Attorney General Bonta. “The Biden Administration’s CHNV Parole Program provides safe pathway to apply for protection for Cuban, Haitian, Nicaraguan, or Venezuelan migrants fleeing violence and upheaval. We urge the court to uphold this program that creates orderly processes for people fleeing humanitarian crises to lawfully reach the United States." 

The federal executive branch has, since the Eisenhower Administration, exercised its authority under the Immigration and Nationality Act to parole migrants into the United States for humanitarian and other purposes. Parole provides a safe, legal, and orderly pathway for individuals to join their families and seek protection in the United States. The lawsuit, led by Texas, threatens to undermine the federal government’s ability to launch crucial programs that assist migrants fleeing unstable circumstances in their home countries to enter the United States.

In the amicus brief, the coalition asserts:

• Immigrants are key contributors to state economies, parole recipients fill critical positions in industries with labor shortages, and enjoining the program would foreclose these benefits.
• Enjoining the parole pathways would separate families and subject parolees to danger by forcing them to return to the dangerous conditions from which they fled.
• The plaintiffs incorrectly argue that the parole pathways increase crime and impose costs on states, when evidence suggests they will likely decrease both crime and costs to states for law enforcement, healthcare, and other services.

In submitting the amicus brief, Attorney General Bonta joins the attorneys general of New York, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Vermont, and the District of Columbia

A copy of the amicus brief is available here. 

OAKLAND — Joining a coalition of 18 attorneys general, California Attorney General Rob Bonta today filed an amicus brief in support of the U.S. Department of Housing and Urban Development’s (HUD) Discriminatory Effects Rule. The rule was adopted by HUD to implement the federal Fair Housing Act (FHA), which aims to root out racial and other forms of prohibited discrimination from housing and housing-related services. Currently being challenged by the insurance industry, the Discriminatory Effects Rule says insurers and other parties are liable for housing practices that may appear neutral but in reality are discriminatory and have a “disparate impact” on certain populations.

“Housing discrimination is no longer what it once was: explicit and obvious for all to see. Instead, housing discrimination remains alive and well in mostly implicit ways. The U.S. Department of Housing and Urban Development’s rule recognizes that unfortunate reality and empowers individuals to do something about it,” said Attorney General Bonta. “I fully support the Biden Administration as it defends the rule in court. At the California Department of Justice, we are committed to eliminating racial, ethnic, and other unlawful disparities in housing and every other aspect of society.”  

In the amicus brief, Attorney General Bonta and other members of the coalition argue that: 

• Despite the enactment of the FHA, vestiges of residential segregation persist in American social life, and the discriminatory effects doctrine, including disparate-impact liability, is a crucial tool to fight ongoing housing discrimination — whether intentional or unintentional.
• Discrimination in homeowner’s insurance can take many forms — such as offering insurance policies with inferior coverage, ignoring interested customers, and imposing different terms and conditions based on neighborhood — and disparate-impact claims have helped to redress discrimination in the homeowner’s insurance market. 
• For instance, Black plaintiffs recently brought a class action lawsuit against State Farm for its use of algorithms that “allegedly resulted in statistically significant racial disparities in how the insurer processed claims.” According to the plaintiffs, Black claimants had to wait longer to receive payouts as compared to white claimants. The court ruled in the plaintiffs’ favor, finding that they successfully stated a disparate-impact claim under the FHA. 
• State law does not categorically shield homeowner’s insurers from federal disparate-impact liability. Indeed, federal law and state law work together to prohibit both intentional and disparate-impact discrimination.
• The availability of a disparate-impact claim under the FHA was reinforced by the U.S. Supreme Court’s 2015 decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc.

After the insurance industry challenged the rule, the U.S. District Court for the District of Columbia granted summary judgment in favor of HUD. The insurance industry has appealed the decision to the U.S. Court of Appeals for the District of Columbia. In filing today’s amicus brief, Attorney General Bonta joins the attorneys general of Arizona, Colorado, Delaware, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Washington, and the District of Columbia. 

A copy of the amicus brief can be found here.

State of Pride Report highlights DOJ’s actions to defend and expand civil rights of the LGBTQ+ community in spite of ongoing threats to justice and equality, includes new LGBTQ+ hate crimes data 

OAKLAND — Today, in honor of LGBTQ+ Pride month, California Attorney General Rob Bonta issued a new “State of Pride Report” highlighting the California Department of Justice’s (DOJ) recent actions to support, uplift, and defend the rights of LGBTQ+ communities across California and beyond. Pride Month is a time to celebrate the beautiful strength and diversity of LGBTQ+ communities, as well as to reflect on the struggles, sacrifices, and historic accomplishments of the LBGTQ+ civil rights movement. Despite the immense progress that has been achieved, more work remains to be done. Amidst alarming and increasing attacks on LGBTQ+ communities — from far-reaching book bans to states across the nation pushing discriminatory policies — DOJ remains steadfast in its commitment to fight alongside LGBTQ+ communities in pursuit of justice and equality.

“I stand in solidarity with our LGBTQ+ community this Pride Month and every month. Regardless of how you identify or who you love, everyone deserves to be safe, healthy, prosperous, and celebrated for who they are,” said Attorney General Bonta. “Today’s report shows the California Department of Justice’s continued commitment to defending, expanding, and advancing LGBTQ+ rights. It also highlights the work that remains to be done to ensure equality and promote the rights and well-being of LGTBQ+ individuals and their communities. As the People’s Attorney, I’m proud to celebrate the beautiful diversity of our LGBTQ+ communities and recommit to fighting alongside them.”

Key data points in the State of Pride Report depict the reality of hate crimes and discrimination against LGBTQ+ individuals: 

• In 2023, 2.8 million people in this state identified as lesbian, gay, bisexual, or transgender — the largest number of any state in the nation at 9.5%.
• Data reported to DOJ in 2023 shows that between 2022 and 2023, there were 405 reported hate crime events motivated by sexual orientation bias (an increase of 4.1% from the previous year), 76 hate crime events motivated by anti-transgender and anti-gender-nonconforming bias (an increase of 7.04% from the previous year), and 151 hate crime events motivated by anti-LGBTQ+ bias (an increase of 86.4% from the previous year).
• In 2023 alone, more than 500 anti-LGBTQ+ bills were introduced in U.S. state legislatures — a record-breaking number, and nearly three times higher than the count from 2022, which was the previous record.
• The Federal Bureau of Investigation’s most recent annual crime report showed a nearly 14% increase in reports of hate crimes nationally based on sexual orientation and a nearly 33% increase in reports of hate crimes nationwide based on gender identity.
• In 2023, a total of 21 bills requiring forced outing in schools by teachers and school staff were introduced in state legislatures across the U.S., and so far in 2024, 59 such bills have already been introduced in multiple states.

The State of Pride Report presents detailed insights into DOJ’s latest initiatives to confront hate crimes and discrimination against LGBTQ+ individuals. The report emphasizes the importance of the Attorney General’s Hate Crime Rapid Response Protocol, which equips local law enforcement with the essential resources to efficiently handle significant hate crimes and extremism. Furthermore, DOJ is committed to combating discrimination in classrooms, sports, healthcare, and public spaces. The report focuses on DOJ’s work to cultivate safe environments for LGBTQ+ students free from bullying, enable transgender athletes to participate in sports aligned with their gender identity, offer LGBTQ+ individuals access to gender-affirming healthcare, and advocate for inclusive public business accommodations, irrespective of sexual orientation or gender identity.

The State of Pride Report also underscores the ongoing adversities LGBTQ+ individuals face in California and nationwide. Despite considerable progress, many LGBTQ+ individuals still experience discrimination, harassment, and violence in their daily lives. Transgender individuals are especially vulnerable, facing high rates of poverty, unemployment, and homelessness. These challenges demonstrate the need for ongoing protective efforts to uphold and expand LGBTQ+ individuals’ rights, enable all individuals to live free from discrimination and violence, and collaborate toward creating a more just and inclusive society.

Attorney General Bonta is committed to defending the rights of the LGBTQ+ community. On August 28, 2023, he announced a lawsuit to immediately halt the enforcement of the Chino Valley Unified School District Board of Education’s (Board) mandatory gender identity disclosure policy and, on October 19, 2023, he secured a preliminary injunction enjoining the policy. Attorney General Bonta subsequently filed a motion for final judgment to ensure that the Board does not reenact or implement their forced outing policy. Earlier this year, he issued two legal alerts addressed to all California county, school district, and charter school boards and superintendents: one warning them against forced gender identity disclosure policies, and the other emphasizing their obligation to provide inclusive curricula, instructional materials, and books that reflect the roles and contributions of California’s diverse population. He also commended a district court’s decision upholding a state law that provides legal protections for families who come to California to obtain gender-affirming care that is inaccessible where they live, as well as doctors and staff providing such care in California.

The State of Pride Report can be accessed here. For additional information on hate crimes please visit here.

OAKLAND — California Attorney General Rob Bonta, New Jersey Attorney General Mathew J. Platkin, and Pennsylvania Attorney General Michelle A. Henry today led a coalition of 16 attorneys general in filing a multistate amicus brief in the Western District of Louisiana in support of the U.S. Department of Education’s 2024 Title IX Final Rule amidst several lawsuits filed by Republican states attorneys general and groups seeking to undermine the rule’s enhanced protections. The final rule restores strong protections against sexual harassment and assault and reinforces critical protections for LGBTQ+ students. Today’s announcement comes shortly after the California Department of Justice filed a motion to dismiss without prejudice its lawsuit against the Trump administration's Title IX Rule that severely weakened prohibitions against sex-based discrimination in light of the Biden administration’s issuance of the final rule. In today’s amicus brief, the multistate coalition stresses the importance of implementing the new rule nationwide to ensure that our schools operate free from sex discrimination.

“Title IX has been vital to providing safe and welcoming schools for all students since its enactment in 1972, and the Biden administration’s final rule enhances safeguards against discrimination and protections for all students,” said Attorney General Bonta. “Today’s brief is a testament to our commitment to ensure an equal education free from discrimination. Conservative attacks on policies that protect students across the nation will not stand. I will continue to use all of my resources to fight for these important protections for all students.”

Title IX of the Education Amendments of 1972 requires that students receive an educational environment free from discrimination based on sex, including sexual harassment and sexual violence. Following the Biden administration’s issuance of the final rule, several conservative attorneys general moved to quickly file lawsuits challenging the rule, and sought to stop the rule from going into effect on August 1, 2024. In today’s brief, the coalition states cite protecting students from discrimination on the basis of sex dramatically improves economic, psychological, health, employment, and educational outcomes for these individuals, yielding broad benefits without imposing significant costs on schools or compromising student privacy or safety. 

In filing the amicus brief, Attorney General Bonta is joined by the attorneys general of New Jersey, Pennsylvania, Colorado, Delaware, Hawaii, Illinois, Massachusetts, Michigan, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.

A copy of the amicus brief is available here.