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On March 17th, the California Attorney General issued two enforcement bulletins addressing new legal obligations for local educational agencies (LEAs), institutions of Higher Education, and child care providers in the state related to immigration enforcement actions. These were released on the heels of two new pieces of legislation that have gone into effect over the last six months (Family Preparedness Act and the SAFE Act).
In general, the enforcement bulletins advise LEAs, higher ed institutions, and child care providers in the state about their legal obligations related to protecting students and children from immigration enforcement officers. School officials are reminded that they are not to allow immigration enforcement officers to enter the non-public space of a school or to share student records unless an officer possess a proper warrant or court order. The bulletins also advise that LEAs must provide students and families with the AG’s “Know your Educational Rights” and updated TK-12 guidance by the start of the 2026-2027 school year. These also need to be posted on the District’s website in every language the AG’s office provides the guidance in. Further, the bulletins remind LEAs that they must update their comprehensive school safety plan procedures to include the requirement that they inform students, staff, and community members when immigration enforcement is on school campus. This change was supposed to be in effect by March 1, 2026. LEAs are encouraged to update their safety plans as soon as possible to ensure compliance with this requirement. Finally, the bulletins remind LEAs of the expanded rights for qualifying caregivers to petition for joint guardianship to help students remain supported and in-school in the event a parent is detained or deported.
The bulletins also remind LEAs, higher education institutions, and child care providers of the legal rights for all students and families, including:
- The right to a free public education
- The right to confidentiality for their personal information
- The right to use a variety of documents to establish age and residency for students and to get the documentation back from the school, and
The right to file a complaint if they are subjected to discrimination, harassment, bullying, or intimidation based on their race, ethnicity, or immigration status.
California has new laws to protect the rights of our students to safely attend schools and child care programs to the fullest extent allowable under the law. We will continue to stand with our immigrant communities and uphold the rights of all students and children to learn and thrive in supportive, transparent, and secure environments.