_____________________
_____________________
The 1982 Supreme Court decision Plyler v. Doe found that all children present in the United States have a right to a public education, regardless of their immigration status or their parents’ immigration status.
January 22, 2025
California state officials and leaders of county offices of education and school districts quickly rebuked the Trump administration’s new guidance allowing immigration enforcement near or in schools.
“Schools must be safe spaces, not sites of fear,” said Alex Traverso, director of communications of the State Board of Education. “Every child deserves to learn without intimidation, and California will do all we can to protect our students.”
The directive issued Tuesday by Department of Homeland Security acting secretary Benjamine Huffman reverses guidance that dates back to 2011, restricting Immigration and Customs Enforcement and Customs and Border Protection agencies from detaining immigrants near locations like schools, child care centers, playgrounds, hospitals and churches.
Under California law, school officials are not required to allow immigration agents to enter schools without a judicial warrant, according to recent guidance issued by California Attorney General Rob Bonta.
“In light of the new administration’s action today to overturn the sensitive locations policy, I want to reassure our education community that the Los Angeles County Office of Education (LACOE) remains steadfastly committed to ensuring that every student, regardless of their immigration status, has access to a safe, secure and nurturing learning environment,” said Debra Duardo, superintendent of schools for Los Angeles County, in a statement.
“The change to the policy does not overrule the student’s constitutional right to an education. It also does not overrule state constitutional protections,” Duardo continued. “It is important to reinforce that all students possess the right to a public education, independent of their immigration status. Our schools are mandated to ensure that no student is denied enrollment or faced with barriers to their educational opportunities based on their or their family’s immigration status.”
Many school districts, including Los Angeles Unified and San Francisco Unified have reaffirmed “sanctuary resolutions” or sent letters to families in recent weeks, explaining their rights and sharing legal resources. Seventeen Santa Clara County superintendents and school board members signed a letter earlier this month, saying schools will continue to support immigrant students and families and reminding the public of a 1982 Supreme Court decision Plyler v. Doe, which found that all children present in the United States have a right to a public education, regardless of their immigration status or their parents’ immigration status.
A spokesperson for Los Angeles Unified School District said the district has begun training all staff in how to respond if federal immigration officers show up at schools and will be distributing cards to students explaining their rights if approached by immigration agents.
“Los Angeles Unified School District is compelled by legal, professional, and moral obligations to protect rights of its students and employees, including privacy rights under FERPA, and state and federal constitutional rights, which include rights of all students to a free and public education,” a district spokesperson wrote in an email. “School officials do not collect or share information about the immigration status of students and their families. Since 2017, LAUSD has had a policy to not voluntarily cooperate with immigration enforcement actions by federal agencies.”
Teachers’ unions also rejected the Trump administration’s change.
“As educators and union members, we are committed to protecting our students—every single student, regardless of their immigration status,” said David Goldberg, president of the California Teachers’ Association, which represents 310,000 teachers, nurses, counselors, psychologists, librarians and other education staff across the state. “We have a professional and moral responsibility to keep our students safe if ICE comes to our communities. We will always come together in our union to ensure every public school is a safe space and to uphold the constitutionally protected right of all students to access a public education.”
Jeff Freitas, president of the California Federation of Teachers, the state’s second-largest teachers union, said in a statement, “Trump’s first day in office showed us that he is exactly who he told us he would be. His first actions as president direct hate and aim to stoke fear in the hearts of immigrant families and our LGBTQIA+ community. We can’t expect students to learn when they fear being separated from their parents, being bullied for being LGBTQIA+, or being treated differently based on the language they speak or the color of their skin.”
“While we still hope to see Congress and our courts block these blatantly unconstitutional actions,” Freitas continued, “we won’t wait for them to act. Educators and school staff stand ready to fight back against every single action that stands to harm our members, our students, and our communities.”
