Bills Aim to Keep ICE Out of California Schools

Under two new proposals, California schools could become off-limits to all federal Immigration and Customs Enforcement (ICE) agents.

Bills were recently introduced by Assemblymember Al Muratsuchi (D-Torrance) and State Senate Majority Leader Lena Gonzalez (D-Long Beach), who under SB 48 has the support of State Superintendent Tony Thurmond.

On Monday, Gonzalez and Thurmond introduced legislation aimed at keeping U.S. Immigration and Customs Enforcement (ICE) agents off of school campuses to protect California schools from a drop-off in attendance or funding in response to federal threats of mass deportation.

The legislation to be introduced by Gonzalez will protect California schools from a potential decline in attendance or funding during potential increased immigration enforcement by protecting school zones, as well as school data and sensitive family information.

The bill would:

• prohibit school districts, county offices of education, charter schools, and their personnel from granting U.S. Immigration and Customs Enforcement (ICE) officers or other federal authorities access to campuses without a judicial warrant;
• prohibit police cooperation with any immigration enforcement efforts within a one-mile radius of school to ensure a safe corridor for parents to bring their children to and from school; and
• prohibit the sharing of any information about students, families, their households, or school employees with ICE officers.

“This bill seeks to push back against threats of deportation that create fear in immigrant families. These practices suppress school attendance and rob schools of needed revenue,” said Thurmond. “I am honored to partner with bill author Senator Lena Gonzalez, other legislators, and immigrant rights groups to support our families and keep ICE off our school campuses—period.”

“All California children deserve safe school environments that prioritize student learning, regardless of immigration status,” said Gonzalez (D-Long Beach). “As Chair of the California Latino Legislative Caucus, I’m proud to be partnering with Superintendent Tony Thurmond to author this important legislation, which will prevent disruptions to student

Muratsuchi Introduces California Safe Haven Schools and Child Care Act to Protect Immigrant Children From Immigration Enforcement at Schools and Child Care Centers

Torrance, CA – Assemblymember Al Muratsuchi (D-Torrance), Chair of the Assembly Education Committee, introduced Assembly Bill 49, a bill that would protect immigrant children from actions by U.S. Immigration and Customs Enforcement (ICE) officers who enter school sites or child care facilities.

The bill would prohibit school or child care employees from allowing ICE officers to enter a school site or child care facility for any purpose without providing valid identification, a written statement of purpose, a valid judicial warrant, and approval from the school district’s superintendent or director of the child care center. The bill also would require that if an ICE official meets the requirements to enter a school site or child care facility, their access would be restricted to school or child care facilities where students or children are not present.

“All children have a constitutional right to attend public schools, regardless of immigration status,” stated Assemblymember Muratsuchi. “Unfortunately, the threat of federal immigration officials coming onto school grounds to detain undocumented students or family members casts a shadow of fear over all California students. Students cannot learn if they are living in fear of being deported or separated from their family members. This bill is necessary because children should not be afraid to come to school, and parents should not be afraid to send their children to school.”

As during his first term, there is an increased fear of raids by ICE officials at schools and child care centers as President-elect Donald Trump is threatening to deport millions of undocumented immigrants across the United States. President-elect Trump has also threatened to eliminate the U.S. Department of Education. According to the California State Superintendent of Public Instruction’s office, this closure would risk around $8 billion in federal funds for California programs serving students with disabilities and low-income students.

State Senator Lena Gonzalez introduced Senate Bill 48:

This bill would prohibit school districts, county offices of education, or charter schools and their personnel from granting a United States Immigration and Customs Enforcement officer, or other federal official engaging in immigration related investigation or enforcement, permission to access a school campus without a judicial warrant. The bill would require a local educational agency and its personnel, to the extent possible, to have the denial of permission for access witnessed and documented. The bill would also prohibit a local educational agency and its personnel from disclosing or providing, in writing, verbally, or in any other manner, the education records of or any information about a pupil, pupil’s family and household, school employee, or teacher to a United States Immigration and Customs Enforcement officer, or any other federal official engaging in immigration related investigation or enforcement, without a judicial warrant, and regarding a pupil’s educational records or personal information, without the written consent of the pupil’s parent or legal guardian. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

This bill would prohibit California law enforcement agencies from collaborating with, or providing any information about a pupil, pupil’s family and household, school employee, or teacher in writing, verbally, on in any other manner, to immigration authorities regarding proposed or currently underway immigration enforcement actions when the actions could be or are taking place within a radius of one mile of any schoolsite. To the extent this bill would impose additional duties on local law enforcement agencies or officials, the bill would impose a state-mandated local program.

Gonzalez also introduces Immigrant and Refugee Affairs State Agency

On December 2, Gonzalez introduced Senate Bill 12 to establish a new state agency dedicated to Immigrant and Refugee Affairs. The Agency, and its Office of Immigrant and Refugee Affairs would provide a permanent governmental framework focused on streamlining services, creating grant programs, and engaging stakeholders to enhance support for immigrant and refugee families in California.

According to her press release, In the face of an incoming Trump Administration that has promised to take hostile actions against immigrant communities, California must be prepared more than ever before. Trump’s promises of mass deportations and the unprecedented threat of deploying the US Military to remove undocumented Americans would hurt not only immigrant families, but all California families, our economy, and the cultural and social benefits that new Californians bring to our communities.

“It is terrifying to think about the dire impacts of the callous proposed actions targeting some of our most hardworking Californians,” said Majority Leader Gonzalez. “California must remain steadfast in protecting the rights of our immigrant communities, and creating a state agency dedicated to ensuring they have the resources they need is doing right by them and all Californians. I urge my colleagues in the Legislature to support this critical bill that will equip our state to respond boldly in the face of any hostile actions against our immigrant communities.”