Immigration Resources
The United States Supreme Court has held that all students have a constitutional right to equal access to free public education, regardless of their immigration status or the immigration status of a student’s parents or guardians. (Plyler v. Doe (1982) 457 U.S. 202.) This remains the current legal precedent. Additionally, California law guarantees that all students have the right to attend school free from bullying, fear, intimidation, and discrimination, as outlined in Education Code Section 234.1. And the District does not collect information status of a student or their families, so there would be no such information to share with immigration authorities. The District expects that immigration enforcement officials can only come onto campus for legitimate reasons, such as pursuant to a valid and lawful court order, warrant, or subpoena.
- The Supreme Court ruled in 1982 (Plyer vs. Doe) that, under the 14th Amendment, public schools must serve immigrant students, including those who are undocumented, like any other student and cannot ask for documentation of a child’s immigration status. This remains the current legal precedent.
- Under California law, all children between 6 and 18 are required to attend school, regardless of immigration status.
- In California, every child has the right to attend school free from discrimination, harassment, violence, intimidation, and bullying on the basis of race, national origin, immigration status, or any other protected characteristic. This includes any negative action based on a person’s actual or perceived nationality, ethnicity, or immigration status.
- Federal and State laws protect the confidentiality of student records and personal information. Generally, these laws require schools to get written parent/guardian consent before releasing student information, unless the release of information is permitted pursuant to an exception under the law, such as for educational purposes to a school official, in response to an emergency, or in response to a lawful court order, warrant, or subpoena.
- We encourage families to develop a Family Safety Plan. This plan would provide the school with updated emergency contact information, and completion of a Caregiver’s Authorization Affidavit, so a trusted adult can make educational and medical decisions in case members of your family are detained or deported. A link to this type of affidavit was shared in the message sent about the LA fires this past Friday, January 24, 2025.
- If a student is experiencing any anxiety or fear about possible actions by Border Patrol or Immigration and Customs Enforcement (ICE) that is affecting their time at school, they may discuss these concerns at a high school Wellness Center and/or with a School Counselor. These trusted adults can provide resources to support our students’ continued academic excellence and attendance at school.
- Board Policy 5145.13 - Response to Immigration Enforcement (BP 5145.13)
- The District will not release student information to third parties for immigration enforcement purposes unless the parent/guardian consents or as required to do so by a lawful court order, warrant or judicial subpoena.
- If a school site receives a request for information related to a family’s immigration status, the school site will:
- Immediately contact the Superintendent’s Office. Depending on the documentation provided, the Superintendent’s office will advise you how to proceed.
- Make a copy of the request and the officer’s identification.
- If the officer states there are exigent circumstances that led them to the campus and requests access, immediately contact the School Resource Officer.
- Resources and data collected by the District shall not be used, directly or by others, to compile a list, registry, or database of individuals based on national origin, immigration status, religion, or other category of individual characteristics protected against unlawful discrimination.
- District staff shall receive parent consent before a student is interviewed or searched by any immigration officer unless the officer presents a court order / warrant. If a court order / warrant is presented, contact the Superintendent’s Office immediately.
- Staff must not attempt to physically impede any immigration enforcement officer, even if the officer appears to be exceeding authorization of the officer’s office or any of the documents presented. However, staff should document the officer’s actions while on campus.
Lucia Mar Unified School District Board Policy and Administrative Regulations have more details:
Additionally, the Governor has a website on immigration enforcement concerns related to California schools, where future updates and guidance from the State are planned to be communicated: https://www.ca.gov/immigration/.