Cal. Code Regs. Tit. 15, § 3630 - Limitations of Parole Services
(a)
Pursuant to Section
411 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, (PRWORA) (8 U.S.C. Section
1621), and notwithstanding any other
provision of Title 15, Division 3 of the California Code of Regulations, aliens
who are not "qualified aliens" or "nonimmigrant aliens," as defined by federal
law, or who are paroled into the United States for less than one year, are
ineligible to receive or participate in the following parole services:
(1) Food coupons.
(2) Bus passes.
(3) Job placement services.
(4) Short-term cash
assistance.
(b)
Verification of immigration status is based on information furnished to the
Department by the United States Immigration and Customs Enforcement prior to an
inmate alien's release on parole.
(c) A determination that an alien is
ineligible for the services specified in subdivision (a) may be grieved as
provided in Section
3480, et seq.
(d) All eligibility requirements contained
herein shall be applied without regard to race, creed, color, gender, religion,
or national origin.
(e) For
purposes of this section, an alien who, at the time he or she applies for,
receives, or attempts to receive a parole benefit specified in subsection (a),
is eligible for those benefits if he or she meets all of the conditions of
subparagraphs (1), (2), (3), and (4) below:
(1) Has been battered or subjected to extreme
cruelty in the United States by a spouse or registered domestic partner or a
parent, or by a member of the spouse's or registered domestic partner's or
parent's family residing in the same household as the alien, and the spouse or
registered domestic partner or parent of the alien consented to, or acquiesced
in, such battery or cruelty; or has a child who has been battered or subjected
to extreme cruelty in the United States by a spouse or registered domestic
partner or a parent of the alien, without the active participation of the alien
in the battery or cruelty, or by a member of the spouse's or registered
domestic partner's or parent's family residing in the same household as the
alien, and the spouse or registered domestic partner or parent consented to or
acquiesced in such battery or cruelty.
(2) In the opinion of the Attorney General of
the United States, which opinion is not subject to the review of any court,
there is a substantial connection between such battery or cruelty and the need
for the benefits provided.
(3) Has
been approved or has a petition pending which sets forth a prima facie case, as
enumerated in the Immigration and Nationality Act (INA), for:
(A) Status as a spouse or registered domestic
partner or child of a United States citizen; or
(B) Suspension of deportation and adjustment
of status; or
(C) Classification
pursuant to clause (ii) or clause (iii) of Section
204(a)(1)(B) of
the INA.
(D) Cancellation of
removal pursuant to Section
240 A(b)(2) of the
INA.
(4) For the period
for which the benefits are sought, the individual responsible for the battery
or cruelty, as stated in paragraph (e)(1) does not reside in the same household
or family eligibility unit as the individual subjected to the battery or
cruelty.
Notes
2. Amendment of subsections (b) and (e)(3)(D) filed 6-17-2009; operative 7-17-2009 (Register 2009, No. 25).
3. Amendment of subsection (c) filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
5. Amendment of subsection (c) filed 3-25-2020 as an emergency; operative 6-1-2020 (Register 2020, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency language will be repealed by operation of law on the following day.
6. Emergency filed 3-25-2020 and operative 6-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 42). A Certificate of Compliance must be transmitted to OAL by 3-9-2021 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (c) refiled 2-25-2021 as an emergency; operative 3-10-2021 (Register 2021, No. 9). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 10-8-2021 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsection (c) refiled 10-4-2021 as an emergency; operative 10-8-2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-6-2022 pursuant to Government Code section 11346.1(h) or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 10-4-2021 order transmitted to OAL 12-7-2021 and filed 1-5-2022 (Register 2022, No. 1).
Note: Authority cited: Section 5058, Penal Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Section 297.5, Family Code; and Section 5054, Penal Code.
2. Amendment of subsections (b) and (e)(3)(D) filed 6-17-2009; operative 7-17-2009 (Register 2009, No. 25).
3. Amendment of subsection (c) filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
5. Amendment of subsection (c) filed 3-25-2020 as an emergency; operative
6. Emergency filed 3-25-2020 and operative 6-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 42). A Certificate of Compliance must be transmitted to OAL by 3-9-2021 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (c) refiled 2-25-2021 as an emergency; operative
8. Amendment of subsection (c) refiled 10-4-2021 as an emergency; operative
9. Certificate of Compliance as to 10-4-2021 order transmitted to OAL 12-7-2021 and filed
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