California Democrats are pushing a bill that would prevent federal immigration authorities from accessing public schools without a warrant or court order.

Newsweek has contacted the office of Governor Gavin Newsom and the office of Republican Senate Minority Leader Brian Jones for comment.

Why It Matters

The move is a bid to bolster protections for immigrant students and families amid President Donald Trump‘s crackdown.

The Department of Homeland Security issued a memo in January that overturned a policy that had barred Immigration and Customs Enforcement (ICE) agents from operating in or near schools, churches, and other “sensitive locations.”

The policy, introduced in 2011 through a memo by then-Director John Morton, required agents to obtain prior approval before making arrests at sensitive locations.
This policy remained in place throughout the entirety of the first Trump administration and continued under President Biden.

In a statement regarding the policy shift, a DHS spokesperson said that “criminals will no longer be able to hide in America’s schools and churches to avoid arrest.”

Concerns have been raised among immigrant communities about the safety and well-being of students under the new policy.

What To Know

The state’s Senate’s Education Committee approved the bill introduced by State Sen. Lena Gonzalez, D-Long Beach, with a 6-1 vote last Wednesday.

Senate Bill 48 prohibits school districts, county offices of education, and charter schools from granting immigration authorities access to school campuses without a valid judicial warrant or court order. This measure aims to prevent unauthorized immigration enforcement actions within educational settings.

The bill also forbids the disclosure of student records or personal information to immigration authorities without proper legal authorization, ensuring the confidentiality and safety of students and their families.

The legislation states: “It would prohibit school districts, county offices of education, or charter schools and their personnel from granting permission to an immigration authority to access a school site, producing a pupil for questioning by an immigration authority at a school site, or consenting to a search of any kind at a school site by an immigration authority, unless the immigration authority presents a valid judicial warrant or court order.”

California schools are prohibited from collecting information or data regarding students’ or their families’ immigration status and cannot disclose student records without consent or a court order.

If the bill passes, it would further restrict federal officials’ ability to access student information or gain entry to school campuses.

The bill aligns with California’s status as a sanctuary state, reinforcing protections for undocumented immigrants and aiming to alleviate fears that may hinder students’ access to education. If enacted, SB 48 would send a message to the Trump administration about the state’s commitment to safeguarding its immigrant communities.​

What People Are Saying

Gonzalez said in a statement: “The U.S. Supreme Court has long-established that the Constitution guarantees a right to education regardless of immigration status, and until recently, the federal government had treated these sensitive spaces as safe zones.”

“Immigration actions near schools have a chilling effect on school attendance, increased learning loss and harms student mental health.”

California State Superintendent of Public Instruction Tony Thurmond said in a post on X: “I am pleased to sponsor this bill authored by Senator Lena Gonzalez to protect our families who are afraid to bring their children to school for fear of a deportation consequence. Deportation threats at school often suppress school attendance which could cost California schools millions in needed revenue. Our laws provide all children including the children of immigrants, the right to learn in an environment free from fear. Thank you Senators for passing this important measure out of the Education Committee.”

What Happens Next

SB 48 will proceed to the Senate for a vote, which requires a two-thirds majority to pass. If approved, the bill will move to the Assembly for further consideration before being sent to Governor Gavin Newsom’s desk for final approval.