Immigrant Rights in California Schools and Colleges: A Comprehensive Guide
In the early days of the first Trump administration in 2017, a father in Los Angeles was detained by Immigration and Customs Enforcement (ICE) after dropping off his 12-year-old daughter at school, sparking fear and uncertainty among immigrant families in California. The repercussions were immediate, with a noticeable drop in school attendance as parents worried about being picked up by ICE. This incident shed light on the urgent need for safety and sanctuary policies in schools across the state.
What Immigrant Families Need to Know
State Attorney General Rob Bonta recently issued updated guidelines for K-12 schools, colleges, and universities in California on how to protect the privacy of immigrant students and families, handle interactions with immigration enforcement officers, respond to the detention or deportation of a student’s family member, and address bullying or harassment based on immigration status. These guidelines build upon Assembly Bill 699, passed in 2018, which limited collaboration between schools and immigration enforcement agencies.
With an estimated 1 in 10 children in California having at least one undocumented parent, and over 133,000 undocumented children enrolled in public schools, the need for clear policies and protections is more critical than ever. In colleges and universities, approximately 86,800 students are undocumented, and 6,800 employees have temporary protections under DACA.
Protecting Immigrant Students’ Rights
All children in the United States, regardless of immigration status, have the right to attend public school, as affirmed by the Supreme Court in Plyler v. Doe. California schools are prohibited from collecting information on students’ immigration status or citizenship, ensuring a safe space for all learners. Additionally, federal laws like FERPA safeguard students’ privacy and limit the sharing of personal information, including immigration status.
In the event of ICE officers entering schools, staff should request a judicial warrant and follow specific protocols. Proposed legislation aims to establish safe zones around schools to prevent ICE from entering campuses without proper authorization. Schools must also inform parents if a student is released to law enforcement, except in cases of child abuse or neglect.
Support and Resources for Immigrant Families
Schools are required to assist students whose family members have been detained or deported, providing access to legal assistance and consulate services. Efforts to combat discrimination and harassment based on immigration status are ongoing, with schools mandated to have policies in place to address such issues. Immigrant families can avail of free lunch, subsidized child care, and special education services without fear of repercussions on their immigration status.
Under the California Dream Act, undocumented students can access in-state tuition and state financial aid for higher education. Despite the challenges and uncertainties facing immigrant communities, California remains committed to protecting the rights and well-being of all students and families, regardless of their immigration status.
