Evidence Code section 351.3

(a)

In a civil action not governed by Section 351.2, evidence of a person’s immigration status shall not be disclosed in open court by a party or their attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the person’s immigration status.

(b)

This section does not do any of the following:

(1)

Apply to cases in which a person’s immigration status is necessary to prove an element of a claim or an affirmative defense.

(2)

Impact otherwise applicable laws governing the relevance of immigration status to liability or the standards applicable to inquiries regarding immigration status in discovery or proceedings in a civil action, including Section 3339 of the Civil Code, Section 7285 of the Government Code, Section 24000 of the Health and Safety Code, and Section 1171.5 of the Labor Code.

(3)

Prohibit a person or their attorney from voluntarily revealing the person’s immigration status to the court.

Source: Section 351.3, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=EVID§ionNum=351.­3.­ (accessed Apr. 24, 2025).

Last Updated

Apr. 24, 2025

§ 351.3’s source at ca​.gov