The Trump administration cleared the way for immigration enforcement officers to enter schools in its first week. Now, California lawmakers are working on new state-level restrictions to prevent that.
In a change from Biden administration policies, the Department of Homeland Security now says Immigration and Customs Enforcement and Customs and Border Protection can enter what are known as “sensitive areas,” which include schools.
“Criminals will no longer be able to hide in America’s schools and churches to avoid arrest,” a DHS spokesperson said in a statement. “The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense."
Federal immigration agents still need a judicial warrant or consent to enter most school grounds.
Blake Nordahl — a professor specializing in immigration law at McGeorge School of Law — said two bills filed in December by California legislators could make state policies related to that more clear at a time when federal policy seems to be in flux.
“Right now, we're in sort of uncharted territory and confusing times, and of course school administrators are doing the best they can to protect kids and provide quality education,” he said. “I think that these bills help clarify for school administrators what is the law in California.”
He said currently, immigration authorities do not need a warrant to enter parts of the school that are considered public spaces, like a front office or parking lot, but these measures could restrict that.
Assembly Bill 49 authored by Democratic Assembly member Al Muratsuchi from Torrance would require immigration agents to have permission from school district or county leadership, a valid ID, and a statement of purpose in addition to the warrant. It would also restrict them to areas where students are not present.
“We want our school employees to verify that you can't just come on to our public school grounds, our public school campuses, or I extended my bill to the covered child care facilities,” Muratsuchi said.
Senate Bill 48 from Long Beach Democratic Senator Lena Gonzalez would require a juridical warrant for agents to access schools, records or information about a student, their family or school staff.
A third — Senate Bill 98 — was introduced in January by Pasadena Democratic Senator Sasha Renée Pérez and would require schools to notify students and parents if federal immigration officials enter school grounds.
Nordahl stressed that there are not currently widespread incidents of immigration enforcement officials entering schools.
Attorney General Rob Bonta’s office released guidance in December for schools that include directions on how to respond to immigration enforcement officials seeking out students, staff or information.
