FAQ: Immigration/Citizenship

What's new in state law about immigration enforcement?
All students have a right to education regardless of immigration or citizenship status, and free from discrimination, harassment, bullying, violence, and intimidation. (Plyler v. Doe, 457 U.S. 202 (1982); Cal. Const., art. I, § 28(f)(1); Educ. Code §§ 220, 234(b))

Per AB 49, any officer or employee of an agency conducting immigration enforcement is prohibited from entering this school without a valid judicial warrant, judicial subpoena, or court order. Additionally, all local educational agencies will be required to update local policies to limit assistance with immigration enforcement and ensure that public schools remain safe and accessible to all California residents.

Per SB 98, the school must update their safety plan and notify families and staff if any immigration enforcement occurs at a school site.

What's new in state law about records or information?
Many documents can be used to verify your child’s age and residence for enrollment, including a home energy bill, rental lease, or pay stub. By law, you do not need to share your child’s immigration or citizenship status to enroll them in school. (Educ. Code § 234.7(a). Educ. Code § 48204.1)

AB 49 prohibits school personnel from disclosing or providing any records or information about a student, a student’s family and household, a school employee, or a teacher to an officer or employee of an agency conducting immigration enforcement without a valid judicial warrant or judicial subpoena, or court order directing the local educational agency or its personnel to do so.