New Bill Would Block Law Enforcement Officers From Giving Information About Non-Criminal Migrants Within A Mile Of Schools

A new bill to restrict local educational agencies and local law enforcement agencies from cooperating with federal immigration enforcement officers on or within a mile of school grounds, gained traction in the Senate in the past week, potentially setting up more illegal immigrant protections later this year.

Senate Bill 48, authored by Senator Lena Gonzalez (D-Long Beach) would specifically prohibit school districts, county offices of education, or charter schools and their personnel from granting a United States Immigration and Customs Enforcement (ICE) officer, or other federal official engaging in immigration related investigation or enforcement, permission to access a school campus without a judicial warrant. Denials of permission for access would be witnessed and documented, with schools and its personnel banned from disclosing or providing, in writing, verbally, or in any other manner, the education records of or any information about a pupil, pupil’s family and household, school employee, or teacher to a ICE officer, or any other federal official engaging in immigration related investigation or enforcement, without a judicial warrant, and regarding a pupil’s educational records or personal information, without the written consent of the pupil’s parent or legal guardian.

In addition, SB 48 would prohibit California law enforcement agencies from collaborating with, or providing any information about a pupil, pupil’s family and household, school employee, or teacher in writing, verbally, on in any other manner, to immigration authorities regarding proposed or currently underway immigration enforcement actions when the actions could be or are taking place within a radius of one mile of any school site.

Gonzalez authored the bill over concerns last month that President Donald Trump would create new guidelines that would allow ICE agents to enter or get close to schools in order to deport migrants. While not an official piece of “Trump-proof” legislation, SB 48 has often been added to the list of “Trump-proof” bills in the Senate and Assembly that have been written since the election in November.

New anti-ICE legislation

“All California children deserve safe school environments that prioritize student learning, regardless of immigration status,” said Gonzalez. “As Chair of the California Latino Legislative Caucus, I’m proud to be partnering with Superintendent Tony Thurmond to author this important legislation, which will prevent disruptions to student learning, keep children in school, and prevent families from being torn apart.”

In a SB 48 fact sheet, Gonzalez also added that “In the face of unprecedented deportation threats, schools and communities must provide students and their families guaranteed access to school campuses without fear of deportation, harassment, or intimidation by Immigration and Customs Enforcement (ICE) officers.”

Last week, the Trump administration announced new ICE guidelines that would allow ICE agents to enter schools, churches, and other “sensitive areas” in order to enforce immigration laws. With her concerns, as well as the concerns of other lawmakers, being met, things changed swiftly. SB 48, as well as AB 49, a bill designed to increase protections for illegal immigrant children at schools and daycares, received a boost of support in both the Senate and Assembly.

“There’s a lot of bills this year that are trying to limit or stop all these changes that Trump is making right now,” Dana, a Capitol staffer told the Globe Monday. “SB 48 and AB 49 are two of the more prominent ones as they are trying to stop ICE from even going near schools. Best case scenario for these bills is that it makes their job a little harder and stops them from apprehending people at schools so they have to wait until they are outside. Worst case is that federal law overrides these. They know that that is a big possibility.

“These will most likely pass, but as for them being upheld? We’ll see just how strong the federal law will be and what the courts strike down or uphold.”