Immigrant Students - Educational Rights
New California Legislation
In California, the laws AB 49 and SB 98 both went into effect in September 2025 to restrict federal immigration enforcement actions at schools and daycare centers.
Assembly Bill 49: The California Safe Haven Schools & Child Care Act
- Warrant requirement: Prohibits immigration enforcement officers from entering non-public areas of a school or daycare without a valid judicial warrant or court order.
- Information protection: Prevents schools and child care facilities from sharing information about a student, family, or employee with immigration enforcement officials unless a judicial warrant is provided.
- Access limitations: Requires that if an officer meets the necessary legal requirements to enter a campus, their access must be restricted to facilities where students are not present.
Senate Bill 98: Sending Alerts to Families in Education (SAFE) Act
- Notification requirement: Mandates that schools and higher education institutions notify students, parents, and staff when immigration enforcement agents are confirmed to be on campus.
- Information included: The notification must include the date and time of the incident, the location, and a link to additional resources and the school's model policies. It cannot include any personally identifiable information.
Commitment to Equal Access
All students, regardless of their immigration status or family background, have the right to attend public school, participate in school activities, and receive a high-quality education in an inclusive and supportive environment.
Campus Access and School Safety
Schools follow legal requirements regarding campus access and do not permit immigration enforcement officers on campus without a valid judicial warrant or court order. Additionally, schools do not request Social Security numbers or inquire about students' or their families' citizenship or immigration status unless required by law.
Student Information and Privacy
Schools are committed to protecting student privacy and do not share personal information about students or their family members for immigration enforcement purposes unless legally required by a court order or judicial subpoena.