California took a new step to strengthen the protection of students against the actions of immigration authorities. Through AB 49, known as the California Safe Haven Schools Act, the state imposed stricter restrictions on when and how immigration enforcement agents can enter schools or request information about students and their families.
The measure seeks to guarantee that schools continue to be safe spaces for all students, regardless of their immigration status or that of their parents.
Immigration agents will not be able to enter schools freely
The main new feature of the law is that school officials can no longer allow immigration agents into non-public areas of a school campus unless they present a valid warrant, subpoena, or court-issued order. Before authorizing any access, they must also request the agent's official identification whenever possible.
The rule also prohibits school districts from releasing educational records or any information about a student, his or her family or the people in his or her household without written parental consent or without a court order authorizing it.
You can see: Living in fear of ICE: what happens to the body and mind (and how to handle it)
New obligations for California schools
The legislation not only establishes limits on access by immigration authorities. It also forces school districts to review and update their internal policies to adapt them to the new rules.
The California Attorney General's Office updated the official models of action and all local educational organizations had to adapt their protocols. In addition, schools must make information about their rights available to families and publish these guides in the corresponding languages ​​before the start of each school year.
The new obligations also include the incorporation of procedures to notify parents, teachers and school staff when the presence of immigration agents on a campus is confirmed.
The goal: reduce fear among families
In passing the law, the California Legislature maintained that fear of immigration enforcement can affect attendance, academic performance, and student retention in schools.
The legislative text cites research that shows that an increase in immigration control actions is related to higher rates of absenteeism, worse school results and even educational dropout among students whose parents are immigrants.
According to the basis of the rule, hundreds of thousands of students in California live with at least one undocumented parent, so the objective is to prevent immigration policies from interfering with access to public education.
For families, the new legislation means that public schools have stricter rules to protect student privacy and limit collaboration with immigration enforcement actions when the law does not require it.
It does not prevent federal authorities from exercising their powers when they have the corresponding judicial authorizations, but it does establish clear obligations for educational centers regarding access to campuses and the management of students' personal information.
