The status of federal guidance, state legislation and court cases are currently in flux; the following article provides information about immigration enforcement, including responding to immigration enforcement, as of March 2025.

In January 2025, the Department of Homeland Security rescinded a long-standing practice that prohibited immigration enforcement actions in and around “sensitive” areas such as schools. This change has left some students and families feeling less safe in their communities, including while at school. According to the Migration Policy Institute, an estimated 133,000 public school students in California are undocumented.

Students’ and families’ fears may cause them to not attend school, which not only impacts funding tied to average daily attendance, but most importantly, affects students’ educational achievement and opportunities. And for those students who do continue to show up to school, the fear surrounding the unknown about whether a parent/guardian, family member, friend or neighbor may be detained or deported can have a substantial impact on their ability to learn. Students and their families are not the only school community members impacted by fears surrounding immigration enforcement. Staff may also experience fear surrounding the immigration status of themselves, family members and their students.

California students and staff are afforded a constitutional right to safety and security while at school. The California Constitution provides that students and staff “have the inalienable right to attend campuses which are safe, secure and peaceful.”

Schools serve a vital role in their communities, and all children are afforded the right to attend public schools, regardless of their immigration status. Creating supportive environments while students are at school may serve as a buffer against challenges that students face at home or away from school, and creating positive conditions for learning may motivate students to attend and engage while at school.

Student and staff well-being are among the basic elements needed to establish a positive school climate and conditions for learning. According to 2019 guidance from Attendance Works, “Using Chronic Absence Data to Improve Conditions for Learning,” elements of positive conditions for learning include (1) physical and emotional health and safety, (2) adult and student well-being and emotional competence, (3) belonging, connection and support, and (4) academic challenge and engagement. Attendance Works notes that “positive conditions for learning are even more crucial when students, families and communities face crises.”

The 1982 U.S. Supreme Court case Plyler v. Doe held that, based on the Equal Protection Clause of the 14th Amendment, undocumented children must be afforded equal access to public education regardless of immigration or citizenship status, and that all children, including undocumented immigrants, have the right to a public education.

Additionally, the Fourth Amendment’s protection against unreasonable searches and seizures by law enforcement, including immigration enforcement officers, requires a judicial warrant in most instances. The need for such a warrant applies to any place where someone would have a reasonable expectation of privacy such as a school.

In addition, student privacy and confidentiality are protected under the federal Family Educational Rights and Privacy Act (FERPA), which prohibits the disclosure of protected student records, unless a parent/guardian or student over the age of 18 has consented to the disclosure or there is a judicial warrant, judicial subpoena or court order for the disclosure.

It is important for boards to have clear and consistently implemented policies in place that align with federal and state laws, which also reflect the individual community’s values.

Protections for undocumented students can also be found in state law. In 2017, the California Legislature passed Assembly Bill 699, which prohibits discrimination based on nationality, race or ethnicity, and specifically immigration status. AB 699 also required the California Attorney General to develop model policy language, and local educational agencies were required to adopt policies that contain equivalent language by July 1, 2018. The Attorney General’s guidance, “Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California’s K-12 Schools in Responding to Immigration Issues,” was first published in April 2018 and recently updated in December 2024. The guidance states that LEAs “should” adopt or update their policies based on the guidance by May 1, 2025.

In addition to updating their policies, LEAs may take steps to enhance student safety and campus security, including by maintaining “closed” campuses that limit classroom interruptions and require any visitor who is not a staff or student to register at the school upon arrival. In fact, state law (Penal Code 627-627.10) prohibits outsiders from entering school grounds during school hours, without first registering. In addition, schools are required to post signage specifying the hours during which registration of visitors is required. Schools should enforce their visitor policies equally and consistently.

CSBA has recently updated Board Policy/Administrative Regulation 5145.13 – Response to Immigration Enforcement, BP/AR 1250 – Visitors/Outsider, BP/AR 1340 – Access to District Records and BP/AR 5125 – Student Records, making now a good time for boards to review and update these policies.

Because this is a time of significant uncertainty, CSBA recommends that LEAs with questions about their processes and procedures related to responding to immigration enforcement consult CSBA’s District and County Office of Education Legal Services or the LEA’s legal counsel.

CSBA resources that may be useful to LEAs regarding responding to immigration enforcement include the January 2025 webinar “Immigration Policy and Resources” and the December 2024, “Legal Guidance: Immigration Issues Affecting California LEAs.” Find these resources at csba.pub/immigration-resources.