California · Evidence Code

EVID §351.4: (a) In a criminal action, 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 t

Civil

What this law says, in plain English

In criminal cases, a person's immigration status cannot be disclosed in open court without a judge first approving it in a private hearing, except when immigration status is needed to prove a crime element or defense.

Read the full statutory text

(a) In a criminal action, 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 an offense or an affirmative defense. (2) Limit discovery in a criminal action. (3) Prohibit a person or their attorney from voluntarily revealing the person’s immigration status to the court.

Verify at the official source: California legislative text

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.