Can California Keep ICE Away From Schools?

California lawmakers are proposing steps to protect K-12 students and families from mass deportations — although the real value of those proposals may be symbolic.

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A pair of bills in the Legislature — AB 49 and SB 48 — 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’s 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 12% of students 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. 

“In no way can these bills override federal law,” said Kevin Johnson, a law professor at UC Davis. “But the bills respond to a great concern in the community that it’s not safe to take your children to school. … I can’t emphasize enough how important this is, how vulnerable undocumented immigrants feel right now.”

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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 — such as assisting in arrests or providing information about families’ immigration status — within one mile of a school. It also bars schools from sharing student and family information with federal authorities. 

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