Immigration Services & Resources

All children in the United States have a Constitutional right to equal access to free public education, regardless of their immigration status and the immigration status of their parents or guardians. 

In California:

• All children have the right to a free public education.
• All children ages 6 to 18 years must be enrolled in school.
• All students and staff have the right to attend safe, secure, and peaceful schools.
• All students have a right to be in a public school learning environment free from discrimination, harassment, bullying, violence, and intimidation.
• All students have equal opportunity to participate in any program or activity offered by the school, and cannot be discriminated against based on their race, nationality, gender, religion, or immigration status, among other characteristics.

• When enrolling a child, schools must accept a variety of documents from the student’s parent or guardian to demonstrate proof of the child’s age or residency. 
• You never have to provide information about citizenship/immigration status to have your child enrolled in school. Additionally, you are not required to provide a Social Security number to enroll your child in school.

• Federal and state laws protect student education records and personal information. These laws generally require schools to obtain written consent from parents or guardians before releasing student information, unless the release is for educational purposes, already public, or in response to a court order or subpoena.
• Some schools collect and provide publicly basic student “directory information.” If they do, then each year, your child’s school district must provide parents/guardians with written notice of the school’s directory information policy and inform you of your option to refuse the release of your child’s information in the directory.

You have the option to provide your child’s school with emergency contact information, including the information of secondary contacts, to identify a trusted adult guardian who can care for your child in the event you are detained or deported.

• You have the option to complete a Caregiver’s Authorization Affidavit or a Petition for Appointment of Temporary Guardian of the Person, which may give a trusted adult the authority to make educational and medical decisions for your child. 

Your child has the right to report a hate crime or file a complaint to the school district if they are discriminated against, harassed, intimidated, or bullied on the basis of their actual or perceived nationality, ethnicity, or immigration status. 

• Rapid Response Network in Santa Clara County is a community defense project developed to protect immigrant families from deportation threats and to provide accompaniment support during and after a community member’s arrest or detention.

• The Santa Clara County Office of Education has compiled resources to support local education agencies that receive requests for information on how families can prepare in case a parent or other family member is detained or deported by immigration agents.

• The County of Santa Clara Office of Immigration Relations (OIR) has served as a leading resource, helping local governments and other entities understand the issues, needs, and contributions of immigrants. OIR has worked with local agencies on immigrant integration programs and has prepared hundreds of community members for civic engagement and cross-cultural understanding. 

• The California Department of Social Services' mission is to serve, aid, and protect needy and vulnerable children and adults in ways that strengthen and preserve families, encourage personal responsibility, and foster independence. CDSS is comprised of more than 4,200 employees responsible for overseeing and administering programs that serve California's most vulnerable residents.

• Immigrant Defense Project engages in targeted litigation, primarily before the federal courts, in support of challenges to deportations and other adverse immigration consequences based on criminal convictions and arrests. By supporting litigants before the Supreme Court and Circuit Courts of Appeals, we seek to create good law through the judiciary to help immigrants remain in the United States with their communities and families. 

• California Immigrant Guide : California funds programs at community-based organizations that help immigrants and refugees who live in California. The programs offer a range of free legal services, as well as information about other support services for immigrants. These organizations can teach you about your rights, and some can also give legal advice on how to change your immigration status.

• California Attorney General's Office Guidance Promotes a safe and learning environment for all and offers Guidance and Model Policies to assist California's K-12 Schools in responding to Immigration Issues. 

• The Immigrant Legal Resource Center  (ILRC) is a national nonprofit resource center that provides immigration legal trainings, technical assistance, and educational materials, and engages in advocacy and immigrant civic engagement to advance immigrant rights. 

• Amigos de Guadalupe Center for Justice and Empowerment: Founded in 2012, Amigos Center focuses on housing, immigration services, education, mental health, and advocacy. Amigos aims to empower individuals to achieve their dreams. Rooted in community values, the organization seeks to bring about transformational change through providing stable homes, financial security, and educational opportunities.

• Family Preparedness Plan: The Immigrant Legal Resource Center has created resources to help create a  Family Preparedness Plan to help reduce the stress of the unexpected.

• Penal Code 626.7: Allows administrator or designee to remove a person from campus who is causing a disruption
• AB 49: Introduced by Asm Muratsuchi to prohibit ICE from school campuses
• ACSA Immigration Enforcement Resource Hub:  ​ACSA has compiled the following resources to help school leaders respond to potential immigration enforcement impacting students and families in California K-12 public schools.
• Cambrian Board Policies and Regulations
  • Policy 5145.3: Non-discrimination / Harassment
  • Regulation 5145.3: Non-discrimination / Harassment
  • Policy 5145.9: Hate-Motivated Behavior
  • Policy 0415: Equity