Quick Read: The Trump administration has rescinded previous executive guidance that protected sensitive locations, including schools, from immigration enforcement—immigration enforcement is now instructed to use “common sense” instead. Regardless of this action, school and childcare centers in California can and should take proactive steps to ensure that students and their families feel safe and protected in education settings across our state.
For Local Education Agencies
Under AB 699 (O’Donnell 2017), California TK-12 schools are required to have an adopted policy and process for any requests from immigration enforcement. Current legislation, SB 48 (Gonzalez), would prevent immigration enforcement in California schools.
For Child Care Centers
A pending piece of legislation, AB 49 (Muratsuchi), would extend similar protections to child care centers. In the meantime, child care centers can proactively adopt policies and procedures to create safe spaces using CLASP’s publication, A Guide to Creating “Safe Space” Policies for Early Childhood Programs.
What’s Next?
This week, the Trump administration rescinded the Department of Homeland Security’s “protected areas memorandum”, instructing Immigration and Customs Enforcement officers to refrain from detaining individuals at or near protected areas, including schools, churches, and other civic institutions. The intent of this guidance is to ensure that individuals are not deterred from receiving an education or taking part in religious services because of fears that they will be detained or arrested for their immigration status.
That memo, along with other guidance reminding schools of their responsibility to enroll students regardless of their status, are in line with Plyler v. Doe—a 1982 Supreme Court decision that undocumented or non-citizen status is irrelevant to a student’s right to a K-12 education. Rescinding this guidance goes against a longstanding precedent to ensure that schools are welcoming to all students. This action is likely to lead to a drop in attendance and enrollment for newcomers and students in immigrant families. For those who continue attending school, the classroom will no longer feel like a safe and welcoming environment where they are free to learn and grow alongside their classmates. No student should fear that their parent or guardian will be handcuffed at the pick-up line. Immigration arrests and raids have no place in schools and only serve to create ripple effects that hurt entire school populations, from students and families to their teachers.
Regardless of this federal action, states and local governments have leverage to ensure all students can feel safe at school. In 2017, California passed AB 699 (O’Donnell), codifying the responsibility of school districts and all local education agencies to ensure that students feel safe in California public schools. Under AB 699, the California Attorney General developed model policies that every district was required to adopt by July 1, 2018. The policies address the following areas:
- Gathering and handling student and family information
- Sharing student and family information
- Responding to requests for access to school grounds for immigration enforcement purposes
- Responding to the detention or deportation of a student’s family member
- Responding to hate crimes and bullying related to national origin or ethnicity
Whether a student is new to this country or is from a family with longstanding ties to the community—districts have a responsibility ensure students are able to attend school without fear that their rights and safety are in jeopardy. Recent federal action on immigration may make this obligation confusing, but district leaders and educators should know that they don’t have to navigate this road alone. Some immediate steps that districts can take include:
- Ensuring that the required AB 699 board policies have been adopted by updating or developing administrative processes to implement these policies, including training staff.
- Releasing a public statement detailing the steps taken to ensure your schools remain safe spaces. A statement to the community could include plans to adopt or re-adopt a safe schools resolution.
- Sharing information with families in your schools about their rights in the form of a “know your rights” pamphlet and family emergency plan checklist.
Californians Together will continue to advocate for the rights of English learners, newcomers, and those who serve them. The resources provided above, and others we will share as these developments continue, should serve to empower education leaders to do what they do best—educate students. From ensuring privacy to creating safe classrooms, we stand with teachers and administrators as they work to honor the rights of all students and their families.