Capitol Alert

California lawmaker proposes bill to keep immigration officers out of schools, child care

Jesus Prieto, left, of Sacramento, wipes tears as he holds a poster with his photograph as he joins hundreds before marching to opposing mass deportations and protect immigrant Californians at the state Capitol on Monday, Dec. 2, 2024. On the ground, a yellow flag calls for the removal of the federal Immigration and Custom Enforcement agency, or ICE, from the state.
Jesus Prieto, left, of Sacramento, wipes tears as he holds a poster with his photograph as he joins hundreds before marching to opposing mass deportations and protect immigrant Californians at the state Capitol on Monday, Dec. 2, 2024. On the ground, a yellow flag calls for the removal of the federal Immigration and Custom Enforcement agency, or ICE, from the state. rbyer@sacbee.com

With deportation fears rising, a California lawmaker has introduced a measure to restrict immigration officers from school campuses and child care centers.

Assemblymember Al Muratsuchi, D-Torrance, unveiled the bill Monday and cited President-elect Donald Trump’s threat to deport millions of undocumented immigrants. Under Assembly Bill 49, schools and child care staff could bar U.S. Immigration and Customs Enforcement officers from accessing sites without a valid ID, written statement of purpose, court order and approval from the superintendent.

Even with these conditions met, officers could only access areas where children are not present. Muratsuchi estimated minimal costs associated with his bill, given that no new programs would be mandated.

“We know that this is coming, and we need to do everything we can to to protect our immigrant students as well as their families,” Muratsuchi said.

About 146,000 undocumented children between 3 to 17 are enrolled in California schools, according to the Migration Policy Institute. Per federal law, public schools cannot deny admission based on immigration status.

Last month, Gov. Gavin Newsom sent a letter to school leaders to remind them that certain protections for immigrant families already exist. In most cases, court orders are required for schools to grant access to immigration officers or share personal information about students or their families.

“I am compelled to reaffirm the state’s unwavering commitment to the rights and dignity of all students within our education system, including immigrant students and students from immigrant families,” Newsom wrote.

There is not a history of ICE conducting raids at schools, said Kevin Johnson, the former dean of the UC Davis School of Law. ICE generally discourages enforcement at “sensitive locations” including schools, hospitals and places of worship.

Still, Johnson acknowledged the uncertainty of a second Trump presidency and his mass deportation agenda. Under his first term, immigration enforcement officers went to courthouses, workplaces and stores. There’s also a history of undocumented parents being arrested after dropping off their children at school.

“If you want to arrest undocumented people, that’s a ripe picking ground because a dutiful parent taking their school is not going to be in the school but nearby,” Johnson said.

Project 2025, a set of policy proposals with ties to former and upcoming Trump administration officials, recommends rescinding all ICE memoranda restricting enforcement in “sensitive zones.” Johnson said these proposals — along with Trump’s ongoing public statements — have created fear among immigrant families.

“The word on the street in the immigrant community is that all bets are off, and it could be that if we take our kids to schools or our kids are in school they could end up in immigration enforcement hands,” Johnson said.

This story was originally published December 5, 2024 at 8:00 AM.

Mathew Miranda
The Sacramento Bee
Mathew Miranda is a political reporter for The Sacramento Bee’s Capitol Bureau, covering how decisions in Washington, D.C., affect the lives of Californians. He is a proud son of Salvadoran immigrants and earned degrees from Chico State and UC Berkeley.
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