California has been a sanctuary state since 2017, and that status will remain in effect until 2026, even amidst constant clashes with the federal government. For those who live there, plan to move there, or simply hear the term without fully understanding it, this is one of the most frequently asked questions among Brazilians in the United States.
The label "sanctuary state" often generates confusion. Many people believe that it guarantees automatic legal status or "safe passage" against any immigration action. That's not quite the case, and understanding the real limits of the law can prevent risky decisions.
In this article you will understand what Californian law actually says, what it protects in practice, what exceptions still concern immigrants, and why this issue remains a hot topic in American courts.
What does it mean to be a sanctuary state?
A sanctuary state is one that limits, by law, the cooperation of its state and local agencies with federal immigration authorities. This is not an official legal concept of the federal government, but a term popularized to describe policies of non-cooperation.
In practice, this means that state and municipal police do not act as an auxiliary arm of ICE (Immigration and Customs Enforcement). Police departments do not ask about immigration status during routine stops, and do not detain people solely at the request of federal immigration agents.
Protection exists in different layers: sanctuary cities, sanctuary counties, and sanctuary states. California stands out for having adopted the policy at the state level, which extends the reach of the law to all municipalities within its borders.
SB 54 and the California Values Act, in practice
The law that officially designated California as a sanctuary state is SB 54, also known as the California Values Act. It was signed by then-Governor Jerry Brown in October 2017 and went into effect in January 2018.
In summary, SB 54 prohibits state police and sheriffs from using state resources to investigate, detain, or arrest individuals based solely on their immigration status. The law also prevents, in most cases, state agencies from sharing personal information with ICE for deportation purposes.
Furthermore, the legislation limits immigration enforcement actions in locations considered sensitive, such as:
- Public schools
- Hospitals and health units
- Courts
- Public libraries
This restriction aims to ensure that immigrants, documented or undocumented, continue to access essential services without fear of being approached by immigration officers in these spaces.
What the law doesn't protect: the exceptions that cause concern.
Here's the point that generates the most doubt among Brazilians: SB 54 is not absolute protection. The law provides a list of serious crimes, about 800 types of offenses previously defined, which allow cooperation between the local police and the federal government.
Among the most frequently cited exceptions are convictions for violent crimes, child abuse, illegal possession of weapons, drug trafficking, human trafficking, and individuals registered as sex offenders. In these cases, state police can indeed notify or refer the person to federal authorities.
This means that SB 54 primarily protects immigrants without a serious criminal record. Those with convictions on the exceptions list are not covered by the non-cooperation policy.
The dispute between California and the federal government remains alive in 2026.
California's sanctuary state status has never been peacefully accepted by the federal government. Since 2018, there have been legal attempts to suspend SB 54, all of which have been rejected by the courts so far, including a Ninth Circuit Court of Appeals decision that upheld the law.
In 2026, this conflict remains active. Cities like El Cajon, in San Diego County, have even sued the California Attorney General, alleging that SB 54 hinders local police work in situations such as safety checks on unaccompanied minors.
At the same time, there are efforts within the state itself to tighten or loosen the law, depending on the region. Some counties, such as San Diego, have advanced even more restrictive policies regarding cooperation with ICE, while opposition legislators are trying to revise SB 54 to allow for more collaboration in violent crime cases.
In practice, this means that the law remains valid and applicable throughout California, but the political landscape surrounding it is unstable. Changes, legal disputes, and local adjustments continue to be part of the daily application of SB 54.
What does this change in practice for Brazilians in California?
For those who live or plan to live in California, sanctuary state status brings some concrete effects to daily life. None of them replace the need to keep documentation up to date, but they help reduce the climate of insecurity in common situations.
Among the main practical implications are:
- Reduced exposure to police stops motivated solely by immigration status.
- Greater safety when seeking medical care in public hospitals.
- Easier access to schools, even without proper documentation.
- Reducing the risk of immigration operations within courts and libraries.
It's important to emphasize that these protections are state and local. They do not prevent ICE actions outside of these protected areas, nor do they alter federal immigration rules, which continue to be defined in Washington, not California.
Sanctuary status is not synonymous with legal status.
A common mistake is confusing "sanctuary state" with automatic regularization. SB 54 does not grant green cards, does not prevent deportations ordered by a federal court, and does not replace the assistance of an immigration lawyer in specific cases.
What the law does is reduce the involvement of state and local authorities in immigration enforcement, leaving this function largely in the hands of federal agencies like ICE. For Brazilians with immigration issues, this does not eliminate risks, it only concentrates them in another sphere.
Therefore, even when living in a sanctuary state, keeping your documentation in order and seeking specialized legal advice remains the safest way to avoid problems.
Other sanctuary states in the United States
California is not alone in this policy. Currently, eight American states have adopted state sanctuary laws: California, Colorado, Illinois, Massachusetts, New Jersey, New Mexico, Oregon, and Vermont. In addition, hundreds of cities across the country maintain similar policies at the municipal level, including in historically more conservative states.
This shows that the discussion about immigration sanctuary goes far beyond California and remains one of the most divisive issues in American politics, with opposing positions between those who defend the protection of immigrant communities and those who argue that these laws hinder the work of public safety.
This is worth considering when planning your move.
If you're considering moving to California or another sanctuary city in the United States , understanding these policies helps you make more informed decisions, but it shouldn't be the only factor you consider. Cost of living, job opportunities, and the Brazilian support network also weigh heavily in your choice.
For those already facing or fearing an irregular situation, it's also worth understanding how the deportation process works in the United States and what rights are guaranteed even in a context of stricter enforcement.
Being a sanctuary state helps reduce day-to-day fear, but it doesn't replace serious immigration planning. Staying informed about changes to SB 54 and seeking legal support when necessary remains the safest way to live more peacefully in the United States.
