California Attorney General Rob Bonta has issued new guidance to protect the educational rights of immigrant students and their families. The guidance is part of an ongoing effort to inform immigrants in California about their rights and help public institutions comply with state laws.
The first set of guidance informs immigrant students and their families about their right to a free public education and the confidentiality of personal information. The second set provides school officials with instructions on complying with state law, particularly concerning immigration enforcement activities. This includes handling requests for information regarding immigration status and managing access requests from immigration agents.
"Every child has the right to a free public education, regardless of their immigration status," said Attorney General Bonta. "I know there is a lot of fear and anxiety around the incoming administration’s anticipated changes to immigration policy, and I want to make sure students, their parents, and their teachers and school administrators are prepared."
Bonta also held the third regional convening on immigrant rights in Sacramento as part of a series aimed at engaging with immigrant rights groups, elected officials, and other stakeholders.
The guidance for students emphasizes that all children have equal access to free public education irrespective of immigration status. Schools must accept various documents as proof of age or residency without retaining copies. Additionally, federal and state laws protect student records requiring parental consent before release unless specified conditions apply.
Both sets of guidance are available in English and Spanish on the California Department of Justice website, with more languages forthcoming.
Previously issued guidance highlights additional rights such as accessing housing without disclosing immigration status, emergency medical care access, legal representation during arrests or detention by ICE, and restrictions on law enforcement's role in immigration enforcement.
Attorney General Bonta's office continues to provide resources for immigrants facing scams related to legal assistance for immigration relief. These include recommendations against hiring unqualified individuals like notaries or consultants who claim expertise in immigration matters.
Guidance tailored for various public institutions was updated in December 2024 to limit support for immigration enforcement activities while ensuring safe access for immigrants. Institutions such as courts, healthcare facilities, schools, libraries, shelters, and labor boards are encouraged to adopt similar policies.
For those seeking legal assistance or wishing to file complaints regarding violations or discrimination related to these issues, resources are available through Law Help CA or the California Department of Justice's complaint process website.