Bill to Increase School, Daycare Protections From ICE Faces Increased Scrutiny

A bill was introduced last week aimed at increasing protections for illegal immigrant children at schools and daycares from the United States Immigration and Customs Enforcement. The bill faces increased scrutiny this week over the legality how it would only delay authorities in their duties.

Assembly Bill 49, authored by Assemblyman Al Muratsuchi (D-Rolling Hills Estates), would specifically prohibit school officials and employees of a local educational agency from allowing an officer or employee of ICE to enter a schoolsite for any purpose without providing valid identification, a written statement of purpose, and a valid judicial warrant, and receiving approval from the superintendent of the school district, the superintendent of the county office of education, or the principal of the charter school. AB 49 would also require the local educational agency, if the officer or employee of ICE meets those requirements, to limit access to facilities where pupils are not present.

In addition, the bill would prohibit, employees of a day care center from allowing an officer or employee of ICE to enter the site of the day care center for any purpose without providing valid identification, a written statement of purpose, and a valid judicial warrant, and receiving approval from the director of the day care center or their designee. The bill would require the day care center, if the officer or employee of ICE meets those requirements, to limit access to facilities where children are not present.

Muratsuchi wrote the bill as part of a growing effort by California Democrats to increase illegal immigrant protections before proposed plans of incoming President Donald Trump come to fruition. Since being elected, Trump has promised to increase the federal response against illegal aliens in the country. This has included greatly increasing the number of deportations, eliminating the DACA program, securing the U.S.-Mexico border, and ending birthright citizenship. In California, Democrat lawmakers, led by Governor Gavin Newsom, have said that they will “Trump-Proof” the state before his policies come into effect. While these policies cover many areas, including healthcare and abortion access, a major area in which they wish to protect against is the status of illegal immigrants.

Entire cities have also jumped on the bandwagon, with the Los Angeles City Council voting to make the city a sanctuary city last month. Governor Newsom recently proposed $25 million going to a legal defense fund to challenge immigration enforcement authorities, with Attorney General Rob Bonta updating guidances which helped reiterate that certain public places are safe spaces for illegal immigrants. Many Assemblymembers and Senators have also been crafting bills building up protections and adding to sanctuary laws, including Muratsuchi last week.

Increased scrutiny for AB 49

“All children have a constitutional right to attend public schools, regardless of immigration status,” said Muratsuchi of AB 49. “Unfortunately, the threat of federal immigration officials coming onto school grounds to detain undocumented students or family members casts a shadow of fear over all California students. Students cannot learn if they are living in fear of being deported or separated from their family members. This bill is necessary because children should not be afraid to come to school, and parents should not be afraid to send their children to school.”

While AB 49 has garnered support in the past week for the upcoming session, questions of its legality and other similar bills have been raised. Additionally, even if passed, AB 49 would do little to stop ICE from detaining those without documentation.

“Best case for bills like AB 49 is that they only put an easily beatable hurdle in front of agencies like ICE,” explained immigration Lawyer James Haines to the Globe on Monday. “So they need ID, letter of what they want to do, a warrant, and permission from someone in charge on site. That really isn’t hard to do, especially if you can tie those people to criminal offenses. Being an undocumented immigrant is only a civil crime, but criminal offenses include illegal entry or reentry after deportation.

“And remember, with criminal offenses, law enforcement has to help out regardless of sanctuary laws, so ICE could easily get past all those hoops. And even without it, ICE can detain people on the street, meaning that, worst case scenario, they’ll just have to wait until the end of the school day and get them walking out. It’s a bit more complicated than that, but generally, that’s how it can go.

“Now the legality of these bills is another matter. As they are written, generally yes. Like with AB 49. It is crafted and worded in such a way that it still allows ICE to come in, but with extra steps in the name of school safety and proper identification. There can be legal challenges against them, but as long as they aren’t outright blocking them or blocking them over criminal charges, then yeah.

“But again, these won’t do much to hinder ICE. Trump has promised to send even more agents to places that don’t fully comply, so in the long run, these lawmakers are only making things worse for them. Some of these ICE check ups are simply confirming they are legal. They take two minutes, and if you’re legal, you’re fine. Put in all these speedbumps, and it is a daylong affair where the person being looked into becomes a pariah. These bills are setting up those who are legal undue disservice.”

AB 49 and other similar bills are to go before the Assembly and Senate beginning next month when the next session begins.