New Calif. law: Legal status of kids irrelevant in civil suits

Estrella Manuel, 2, holds an American flag in her mouth during a news conference in Miami Wednesday, June 17, 2009.  Roughly 150 children are suing President Barack Obama to halt the deportations of their parents until Congress overhauls U.S. immigration laws. The U.S.-born children say their constitutional rights are being violated because they, too, will likely have to leave the country if their parents are forced to leave. (AP Photo/Lynne Sladky)

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SACRAMENTO, California — Governor Jerry Brown signed into law a bill making the immigration status of a minor irrelevant in civil actions, or lawsuits for damage claims.

California has the largest immigrant population in the country, and the signing of the bill proposal confirms the governor’s policy of integration of immigrants.

The measure, AB 560, was introduced by Assemblyman Jimmy Gomez, a Democrat representing District 51, which encompasses much of central and southeast Los Angeles.

The bill was in response to a demand for more than 80 children against the Los Angeles Unified School District (LAUSD) for alleged abuse by a master of the Miramonte School, a case that generated enormous controversy.

The LAUSD’s lawyers wanted to investigate the immigration status of children, arguing that California law permits this to be a factor to consider in the determination of damage payment terms.

The plaintiffs’ attorneys filed motions to exclude children and the research of the immigration status of plaintiffs in such cases. Eventually LAUSD’s lawyers withdrew their request.

The measure signed by Brown explains that the immigration status of a minor, under any applicable law, is irrelevant to the issues of liability or remedy.

“An undocumented child deserves the same protection as any other child in our state,” said Gomez. “My bill closes an unintended gap in existing law to ensure justice for all children and preventing the degradation of children when they are victims of crimes, regardless of their immigration status.”

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