Civil Code section 53.9
(a)
All persons housed or detained for purposes of civil immigration proceedings in California at any state, county, local, or private locked detention facility, including any county, local, or private locked detention facility in which an individual is housed or detained on behalf of, or pursuant to a contract with, the federal Office of Refugee Resettlement or the United States Immigration and Customs Enforcement, have the legal rights and responsibilities guaranteed all other persons by the United States Constitution and federal law and the California Constitution and state law, unless specifically limited by federal or state law or regulations.(b)
All persons housed or detained for purposes of civil immigration proceedings in California at any state, county, local, or private locked detention facility, including any county, local, or private locked detention facility in which an individual is housed or detained on behalf of, or pursuant to a contract with, the federal Office of Refugee Resettlement or the United States Immigration and Customs Enforcement, have the following rights:(1)
A right to dignity, privacy, and humane care.(2)
A right to mental health treatment services provided in ways that are the least restrictive of the personal liberty of the individual.(3)
A right to medical and dental care and treatment.(4)
A right to be free from harm, including abuse or neglect, and unnecessary or excessive physical restraint, isolation, or medication.(5)
A right to religious freedom and practice, physical exercise, and recreational opportunities.(6)
A right to clean drinking water and functioning toilet and shower facilities.(7)
A right to a clean facility and living quarters that is kept in good repair.(8)
A right to food that is adequate to maintain health and is selected, stored, prepared, and served in a safe and healthful manner.(9)
A right, subject to denial for good cause as described in subdivisions (c) to (e), inclusive, of Section 884 of Title 9 of the California Code of Regulations, to all of the following:(A)
Reasonable access to a telephone, both to make and receive confidential calls, provided that telephone hours, frequency and duration of telephone calls, and method of payment may be limited to ensure access by all.(B)
Reasonable access to letter writing materials.(C)
The ability to send and receive correspondence, subject to inspection for contraband and subject to limitations on size, weight, and volume of mail as specified by formal facility policy. Letters or documents sent to or received from an attorney, court, or government official through the mail shall not be read by anyone other than the addressee.(c)
The Legislature reaffirms that persons protected by the rights described in Section 4502, 4503, 5325, and 5325.1 of the Welfare and Institutions Code and Section 883 and 884 of Title 9 of the California Code of Regulations have all of the following rights:(1)
A right to mental health and dental care and treatment.(2)
A right to clean drinking water and functioning toilet and shower facilities.(3)
A right to a clean facility and living quarters that is kept in good repair.(4)
A right to food that is adequate to maintain health and is selected, stored, prepared, and served in a safe and healthful manner.
Source:
Section 53.9, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=53.9. (updated Sep. 29, 2026; accessed Oct. 5, 2026).
