Two bills passed by California lawmakers would limit the power of immigration enforcement officers when it comes to schools. Gov. Gavin Newsom will now decide whether the SAFE Act (SB 98) and the California Safe Haven Schools Act (AB 49) will become law.
The SAFE Act
The Sending Alerts to Families in Education, or SAFE Act, would mandate that K-12 schools and state universities issue alerts to students, faculty and staff if immigration enforcement is on campus.
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State Sen. Sasha Renée Pérez, D-Pasadena, who authored the bill, said it would be similar to early warning systems for other campus emergencies.
“The SAFE Act will inform and protect immigrant students and their families on school campuses,” Pérez said in a statement. “In the face of mass deportations, raids and immigration enforcement authorities showing up at schools, the SAFE Act can help inform and empower school communities to make the best decisions about their safety and their family’s safety.”
The bill also received support from California State Superintendent Tony Thurmond who said the bill would give parents and students peace of mind.
State Republicans disagreed.
“While I understand the intent behind the bill, I have concerns about the practical impacts it could have on schools, parents and local law enforcement,” Assemblymember Heather Hadwick, R-Redding, told Straight Arrow News. “Schools should be focused first and foremost on educating our children, and I worry this measure places them in the middle of sensitive federal enforcement issues that they are not equipped to manage.”
“It’s fear mongering,” Assemblymember Carl DeMaio, R-San Diego, told Straight Arrow News. “It doesn’t make anyone safer. It’s designed to divide us and create this hysteria that somehow the federal government is out to hurt you, that law enforcement is bad.”
California Safe Haven Schools Act
The California Save Haven Schools Act would put much tighter restrictions on immigration enforcement officers trying to enter school grounds.
Those officers would be required to provide valid identification, a written statement of purpose, a valid judicial warrant and approval from district or school officials to enter the grounds. It’s unclear whether the lack of district approval will stop law enforcement empowered with a judicial warrant.
Assemblymember Al Muratsuchi, D-Torrance, co-authored the bill and said he’s standing with immigrant students and their families.
“All children have a constitutional right to attend public schools, regardless of immigration status,” Muratsuchi said in a statement. “Unfortunately, recent federal immigration raids throughout California have cast fear over students and their families. Students cannot learn if they are living in fear of being deported or separated from their loved ones.”
Republicans called this a distraction.
“They’re trying to distract the public’s attention for the fact that they’ve given immigrant families the worst performing schools in California, but they say they’re pro-immigrant,” DeMaio said. “They’ve given immigrant families that are at the lower end of the economic spectrum the highest cost of living in the nation, and it’s getting worse.”
Will Newsom sign?
It’s unclear what Newsom plans to do with each of these bills. He has not yet publicly commented on whether he’ll sign or veto them.
“I urge Governor Newsom to sign the SAFE Act,” Pérez said. “Students and their families have been living in fear. California must ensure our schools and colleges remain places where students can learn, teachers can teach, and classrooms can be safe places for young Californians.”
DeMaio said he expects Newsom to sign the legislation.
“He’s grandstanding and he’s trying to divide voters and instill fear,” DeMaio said. “This guy does not want people to actually pay attention to his failures.”
Immigration enforcement in schools
There’s been limited immigration enforcement on K-12 school grounds in California this year with most of those incidents coming in the Los Angeles area.
Immigration and Customs Enforcement activity was reported around four Los Angeles Unified School District campuses during the first day of school last month.
“Every child deserves the right to learn free from fear, and no parent should have to worry about immigration enforcement disrupting their child’s education,” Dr. Alma Castro, former president of the Los Angeles School Trustees Association, said in a statement.
DeMaio told SAN these bills don’t matter very much because of the lack of incidents involving immigration enforcement in schools.
“They matter only to politicians that want to distract the public from their own failures,” DeMaio said. “Again, this is classic deception. This is shiny object. Games of politics. California politicians have given our kids the worst performing schools and immigrant families have the very, very worst of the worst schools.”
While officers have not spent much time on school grounds, immigration enforcement is still having an impact on schools, especially in the form of attendance by immigrant students.
Teachers in LA County have voiced their concerns over attendance. Graduation ceremonies saw a dip in attendance as enforcement actions ramped up in June.
“Standing with immigrant students and families is not just the moral and just thing to do — it is essential to our state’s economic and social well-being,” Theresa Montaño, Los Angeles County Office of Education Board Member, said in a statement.
“Parents want schools focused on education and where federal and state agencies should take responsibility for enforcement matters,” Hadwick said. “These are not partisan concerns but practical ones rooted in how policies play out in real communities.”
