Over the past several weeks since President Trump signed Executive Order 14159 (signed January 20, 2025), titled “Protecting the American People Against Invasion”, our SBCSS FACE Office has received many calls and emails on how educators can navigate these muddy waters.  This order emphasizes the strict enforcement of U.S. immigration laws to “safeguard national security and public safety.” Key points include:

• Revocation of Previous Orders: The order revokes several executive orders from 2021 that aimed to revise civil immigration enforcement policies and establish frameworks for managing migration and asylum seekers.
• Enforcement Priorities: It directs federal agencies to prioritize the removal of inadmissible and “removable aliens”, especially those allegedly posing threats to public safety or national security.
• Agency Directives: The Secretary of Homeland Security is instructed to ensure that U.S. Immigration and Customs Enforcement (ICE) and related agencies focus on enforcing immigration laws, including executing final orders of removal.

As educators, most of us view schools as places of learning, safety, and community. As educators, parents, and community members, it is essential that we understand school policies and best practices when outside agencies request access to a school.

On Tuesday, February 4, 2025, San Bernardino County Superintendent of Schools-Family and Community Engagement hosted a webinar for educators, parents, and community members on “Supporting Students and Families: School Protocols for Engaging with Outside Agencies.”  The webinar focused on four key areas:

• School policies on outside agency visits
• Legal considerations for student privacy and protection
• Best practices for staff response and family support
• Resources for families navigating sensitive situations

The following information will try to summarize the key information regarding immigration policies, school responsibilities, and best practices for educators and staff in response to immigration enforcement activities. It includes an overview of existing federal and state laws, recent executive orders, school district policies, proposed legislation, and guidance on how to support students and families.

Federal and State Immigration Laws

The Plyler v. Doe (1982) Supreme Court decision remains a cornerstone of federal immigration law concerning education, ensuring that undocumented students have equal access to public education under the Fourteenth Amendment’s Equal Protection Clause. Additionally, the Fourth Amendment protects students and their families from unlawful search and seizure, requiring judicial warrants for immigration enforcement actions on school grounds.

The Family Educational Rights and Privacy Act (FERPA) also plays a crucial role in safeguarding student records. It applies to all public and private schools, granting parents and guardians control over access to their child’s educational records. Under FERPA, schools are prohibited from disclosing student information to immigration authorities unless there is a judicial warrant, court order, or parental consent.

California has additional protections for students through AB 699 (2017), which prohibits discrimination based on immigration status in schools and prevents districts from collecting immigration status information. The law also requires school districts to provide resources on immigration rights and establish policies to respond to enforcement actions.

Executive Order: “Protecting the American People Against Invasion”

The new executive order issued in January 2025 has raised concerns about changes in federal immigration enforcement. While the order does not explicitly target schools, it directs federal agencies to take action against sanctuary jurisdictions, which may impact funding for states and districts that do not comply with federal enforcement measures. Additionally, the Department of Homeland Security (DHS) has rescinded previous guidance that designated schools, churches, and hospitals as “sensitive locations,” meaning immigration officials may now conduct enforcement actions in these areas under certain circumstances. However, judicial warrants are still required to access non-public areas of schools.

School District Policies and Response Protocols

In alignment with state and federal guidelines, school districts must adhere to Board Policy (BP) and Administrative Regulations (AR) 5145.13, which outline how schools should respond to immigration-related requests. These policies include strict protocols for handling:

• Requests for Student Information: Schools may only release information if there is a judicial subpoena, court order, or parental consent.
• Requests for Access to Students or Campus: Immigration officials must present a valid judicial warrant, and parents must be notified unless legally restricted.
• Law Enforcement Officers on School Property: Officers must follow visitor protocols unless exigent circumstances require immediate action. School staff should document and report all interactions.
• Detention or Deportation of a Student’s Parent/Guardian: Schools should release students to emergency contacts and inform them of their residency rights to remain in the district. Families are encouraged to update emergency contact information to prevent disruptions in student care.

Proposed California Legislation (2025)

In response to federal immigration policy changes, California lawmakers have introduced new bills to further protect students and families.

AB 49 (Muratsuchi, D-Torrance): Requires ICE officers to provide identification, a written statement of purpose, and a judicial warrant before entering daycare centers.

SB 48 (Gonzalez, D-Long Beach): Prohibits school staff from granting ICE access to campuses without a judicial warrant and restricts the disclosure of student and family information.

SB 98 (Pérez, D-Pasadena) – SAFE Act: Requires immediate notification to students, parents, and school staff if immigration officers are present on a school campus.

Guidance for School Staff Responding to ICE Requests

School staff should be prepared to follow proper procedures if immigration enforcement officials request access to students or school grounds. The immediate steps include contacting the superintendent’s office or designee, verifying credentials, requesting legal documentation, and documenting all interactions. If an officer claims exigent circumstances, staff must comply but should report and document the event afterward. Schools should never attempt to physically interfere with law enforcement but should ensure that all actions comply with legal protections and district policies.

Supporting Students and Families

Schools play a vital role in supporting students and families affected by immigration enforcement. Staff should provide families with information about their rights and direct them to legal resources, such as “Red Cards,” which outline rights in English and Spanish. Additionally, families should be encouraged to establish a Power of Attorney (POA) or Temporary Guardianship to designate a trusted caregiver for their children in case of detention or deportation. POAs allow caregivers to make decisions regarding a child’s education, healthcare, and daily needs.

DACA Updates

The Deferred Action for Childhood Arrivals (DACA) program remains in legal limbo. U.S. courts have ruled the policy unlawful but have allowed current recipients who obtained DACA before July 16, 2021, to renew their status. However, new applicants are currently unable to receive DACA protections. Schools should stay informed about policy developments to provide accurate information to students and families.

Current Challenges and Future Considerations

Despite federal policy changes, Plyler v. Doe remains in effect, guaranteeing education for undocumented students. AB 699 continues to protect immigrant students in California schools, and FERPA still limits the release of student records without proper legal authorization. However, with increased enforcement activities and ongoing litigation, there is uncertainty about how these protections will be challenged or upheld in the coming months. California and other states are expected to push back against federal policies through legal action, which may lead to further changes in enforcement guidelines.

Resources for Schools and Families

To assist families and educators in navigating these issues, the California Department of Education provides a Rapid Response Hotline at (916) 319-0795. Additionally, schools can access immigration resources at [Insert Link] for guidance on best practices, legal updates, and policy recommendations.

Conclusion

Schools serve as safe spaces for students and their families, regardless of immigration status. Understanding legal protections, district policies, and best practices is essential to maintaining a supportive learning environment. By staying informed, collaborating with community partners, and following established protocols, educators and administrators can ensure that students continue to have access to education without fear or disruption.  This topic is very fluid and there will be many changes as we continue to navigate these muddy waters. 

We have provided a resource folder for you to access various resources to learn and share with families that may need the information.  You can access it at: bit.ly/SBCSS_ImmigrationResources