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New Law Prohibits Warrantless Immigration Enforcement in Schools

  • Woman with dark hair tied back, wearing a grey blazer with black details and long earrings, stands indoors and smiles at the camera, embodying professionalism in wage and hour compliance.
    Mariam Babayan
  • October 03, 2025
  • Charter Schools, Legal Alerts
  • 5 Minute Read

In an effort to discourage and limit federal immigration enforcement efforts at schools, the Legislature has prohibited public school employees from allowing officials to carry out immigration enforcement activities in nonpublic school areas without first presenting a judicial warrant or court order.  In some ways, this is consistent with existing law.  But now, school employees do not have any discretion in whether to allow enforcement without a judicial warrant or court order.  Additional legislation requires schools to adopt procedures for notification of parents when immigration enforcement activity occurs at a school campus.

 

What the New Laws Mean for Your School Organization

  • Under the California Safe Haven Schools Act (AB49), school employees are prohibited from allowing an officer or employee of any agency conducting an immigration enforcement action to enter a school site without providing identification and a valid, signed judicial warrant. Schools are already required to maintain immigration enforcement policies under AB 699 (2017), which should be revised to reflect this new law.
  • The Sending Alerts to Families in Education (“SAFE”) Act (SB98) requires school districts and county offices of education (and charter schools pursuant to their charters) to update school safety plans to include a provision designed to notify parents and guardians of pupils, teachers, administrators, and school personnel when the school confirms the presence on campus of immigration enforcement, as defined. Updates must be made by March 1, 2026, and align with the CDE’s model policy updates, which will be available for review on the CDE website starting December 1, 2025.

 

Supports for Implementation

To support the immediate implementation of these new and other related laws, the California Department of Education (CDE) has published Our Schools: Resources for Including Immigrant Families, a new toolkit of family-facing posters and informational cards that communicate assurance of all schools’ obligation to provide every child with access to education and a safe learning environment, regardless of immigration status.

 

For specific questions regarding this legal alert or to request support with developing or updating your school’s AB699 immigration enforcement policy or comprehensive safety plan, or policies and best practices relating to immigration enforcement, please contact Mariam Babayan or John Lemmo.

 

Download Legal Alert

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