California lawmakers are proposing steps to protect K-12 students and families from mass deportations 鈥� although the real value of those proposals may be symbolic.
A pair of bills in the Legislature 鈥� and 鈥� aim to keep federal agents from detaining undocumented students or their families on or near school property without a warrant. The bills are a response to President-elect Donald Trump鈥檚 threat to deport undocumented immigrants, a move which could have major consequences for schools in California, which funds its schools based on attendance and where have at least one undocumented parent.
Both bills would make it harder and more time-consuming for agents to enter schools or day care centers. But they can only delay, not stop, arrests.
鈥淚n no way can these bills override federal law,鈥� said Kevin Johnson, a law professor at UC Davis. 鈥淏ut the bills respond to a great concern in the community that it鈥檚 not safe to take your children to school. 鈥� I can鈥檛 emphasize enough how important this is, how vulnerable undocumented immigrants feel right now.鈥�
AB 49, proposed by Assemblymember Al Muratsuchi, a Democrat from Torrance, would require immigration agents to obtain written permission from the superintendent before coming onto school property. It also bars agents from being in rooms where children are present. SB 48, introduced by Sen. Lena Gonzalez, a Democrat from Long Beach, would prohibit local police from cooperating with federal agents 鈥� such as assisting in arrests or providing information about families鈥� immigration status 鈥� within one mile of a school. It also bars schools from sharing student and family information with federal authorities.
School districts have also doubled down on their efforts to protect students and families. Los Angeles Unified has partnered with legal aid organizations to assist families and instructed schools not to ask students about their immigration status. San Francisco Unified has .
鈥�(San Francisco Unified) is a safe haven for all students regardless of citizenship status,鈥� Superintendent Maria Su wrote to the community after the November election. 鈥淪FUSD restates our position that all students have the right to attend school regardless of their immigration status or that of their family members.鈥�
Schools as safe havens
Schools have long been safe havens for immigrant students. Under a , public schools must enroll all students regardless of their immigration status and can鈥檛 charge tuition to students who aren鈥檛 legal residents. And since 2011, discourage agents from making immigration arrests at schools, hospitals, churches, courthouses and other 鈥渟ensitive locations.鈥�
But Trump said he plans to guidelines, and the Heritage Foundation, which published the right-leaning Project 2025 manifesto, is encouraging states to . That could set up the possible overturn of the Supreme Court decision guaranteeing access to school for undocumented students. The foundation鈥檚 rationale is that government agencies such as schools are already overburdened and need to prioritize services for U.S. citizens.
鈥淭he (Biden) administration鈥檚 new version of America is nothing more than an open-border welfare state,鈥� Lora Ries, director of the Heritage Foundation鈥檚 Border Security and Immigration Center, . 鈥淣o country can sustain or survive such a vision.鈥�
Muratsuchi, chair of the Assembly Education Committee, said he was inspired to author AB 49 just after the election, when he listened to the concerns of immigrant students in the political science class he teaches at El Camino Community College in Torrance.
鈥淚t became clear there was more and more fear among my students, not only for themselves but for their families. The fear of families being torn apart is very real,鈥� Muratuschi said. 鈥淲e want to send a strong message to our immigrant students that we鈥檙e going to do everything we can to protect them.鈥�
鈥楾oo scared to speak up鈥�
For most undocumented families, deportation would mean a plunging into poverty and in many cases, violence. Nahomi, a high school senior in Fresno County whom CalMatters is identifying by her middle name because of her immigration status, described the threat of deportation as 鈥渁 major worry for my family and I. Our lives could change completely in a blink of an eye.鈥�
鈥淚 can鈥檛 emphasize enough how important this is, how vulnerable undocumented immigrants feel right now.鈥�Kevin Johnson, law professor at UC Davis
Nahomi and her parents arrived in California in 2011 from the city of Culiacan in Sinaloa, Mexico, an area plagued by . They initially planned to stay until Sinaloa became safer, but once they settled in the Central Valley they decided the risks of returning outweighed the risk of deportation, so they stayed. Nahomi鈥檚 father works in construction and her mother is a homemaker, raising Nahomi and her younger sister.
While she and her family fear deportation, Nahomi is not afraid to attend school. She said schools can help families know their rights and help children feel safe.
鈥淚 feel very welcomed and safe there,鈥� she said. 鈥淚t is a very diverse high school and I just feel like any other student. 鈥� (But) a lot of these families are probably too scared to speak up about doubts they might have.鈥�
Politically unpopular?
Patricia G谩ndara, an education professor and co-director of the Civil Rights Project at UCLA, said the risk of federal agents arresting students at schools is probably small. It鈥檚 unclear how many children in K-12 schools are undocumented, but it鈥檚 probably a relatively small number, she said. In any case, immigration enforcement that affects children almost always sparks public outcry from both parties, she said.
鈥淪ome people might say they鈥檙e anti-immigrant, but it鈥檚 another thing entirely when the family up the street, whom they鈥檝e known for 20 years, suddenly gets deported, or your kid鈥檚 best friend gets deported,鈥� said G谩ndara, who鈥檚 studied the topic extensively. 鈥淚t鈥檚 politically very unpopular.鈥�
Still, the proposed bills could send a powerful message that schools are safe places, she said. Immigration crackdowns can have a , a Stanford study found, which can lead to less funding for schools, particularly low-income schools that enroll large numbers of immigrant children.
Immigration crackdowns can also lead to an increase in bullying, anxiety and general uncertainty on campus, not just for immigrant children but for everyone, G谩ndara said. Teachers, in particular, experience high levels of stress when their students鈥� safety is endangered, she said.
Schools can鈥檛 rely solely on state laws to protect immigrant families, though, she added. They should partner with local nonprofits to provide legal services and other support to families who need assistance, G谩ndara said.
鈥淪chools are one of the last places immigrant families feel safe,鈥� she said. 鈥淏ut as soon as (federal agents) move into schools, they鈥檙e not so safe any more. These bills say, 鈥榃e鈥檙e not going to sit back and let this happen. Not all of government is against you.鈥�
California 鈥榦ne of the best places to be鈥�
Both bills are awaiting hearings in the Legislature. Tammy Lin, supervising attorney with the University of San Diego Immigration Clinic, expects California to continue to take steps to protect undocumented families, but political conflicts will be inevitable.
The incoming Trump administration is likely to battle California and other left-leaning states over immigration matters. Even within California, conflicts are likely to erupt between state leaders and those in more conservative regions, or even between agencies in the same area. In San Diego County, for example, the Board of Supervisors ordered the sheriff鈥檚 office to not notify federal immigration officers when it releases suspected undocumented inmates from jail, but the .
Lin also said she wouldn鈥檛 be surprised if there鈥檚 an attempt to overturn the Supreme Court ruling guaranteeing education to undocumented children, potentially paving the way for other immigrants鈥� rights to be reversed.
鈥淚t鈥檚 a slippery slope,鈥� Lin said. 鈥淚mmigrants know this, which is why there鈥檚 immense fear and uncertainty right now. But bills like these show that California is still one of the best places you can be.鈥�
Suriyah Jones, a member of the CalMatters Youth Journalism Initiative, contributed to this story.