The bill restricting the application of immigration near California schools progresses – The Mercury News

A bill that would restrict the application of immigration to California schools has authorized a state Senate committee – with the support of democrats and a republican.

The legislation, SB 48, would make illegal for schools to authorize the immigration authorities on campus, question the students or the property of the research school without a valid mandate or order of the court.

The bill would also create a buffer of a mile around the school, preventing the police from helping to apply immigration in this area. The police would not be authorized to give information on students, their families or school staff to immigration officials in this area of ​​a mile.

The bill was proposed in response to the promises of President Donald Trump of mass deportations of undocumented immigrants, including in schools and worship homes, “sensitive locations”, according to the Superintendent of California public education, Tony Thurmond, godfather. The policy of “sensitive locations” had prohibited the application of immigration to certain places, including schools and churches, but in January, Trump canceled the policy, allowing the authorities to arrest these sites.

Presented by Senator Lena Gonzalez, D-Long Beach, SB 48 was passed out from the Senatorial Education Committee 6-1 on Wednesday April 2.

Gonzalez said that the measure is necessary to protect students from the negative impacts of the application of immigration, including the disturbances in their learning.

Related: Know your rights: What can undocumented immigrants do if they meet ice agents? =

“The United States Supreme Court has long established that the Constitution guarantees a right to education, regardless of immigration status, and until recently, the federal government had treated these sensitive spaces as safe areas,” said Gonzalez. “Immigration actions near schools have a scary effect on school attendance, the increase in learning losses and harm the mental health of students.”

Senator Rosilicia Ochoa Bogh, R-Yucaipa, finally argued what she called a “good bill”. But she said that schools are not already authorized to collect information on the immigration status of students and the confidentiality laws restrict the sharing of this information.

California’s law prohibits schools from collecting information or documents on the status of citizenship or immigration of a student or a family. In addition, by virtue of the Federal Family Educational Rights and Privacy Act, schools cannot disclose any personal information from students’ files without the student’s consent, except order by a judge.

Bogh, who previously sat in the joint unified school district of Yucaipa-Calimesa, underlined these existing protections.

“I just want to make sure that we have the correct information in public because there is a lot of fear of being promoted, and that must stop,” said Bogh. “I can see why bills are presented to protect and offer this security, but it is the law that is currently already in place.”

Several local school districts have already taken additional measures to limit the application of immigration.

Santa Ana Unified declared his schools a “safe refuge” and has committed not to cooperate with the ice. Los Angeles Unified, the country’s second largest school district, has reaffirmed its status as a sanctuary for immigrants and has distributed cards “knowing your rights” to help families understand what they can do during meetings with the federal immigration authorities.

“To promote this notion that our students … could be in danger in school districts, I will leave to your interpretations,” said Bogh.

Despite the existing protections, Gonzalez said that fear – whether in reports or the president’s remarks – can still keep students from the school. She said that her bill would provide an additional safety layer to students and give schools to lighter legal advice.

Related: “Stay vigilant”: East Bay schools are preparing for “improbable” immigration raids

Thurmond said: “No matter what you think of the president’s opinions on immigration, you cannot deny that this type of activity has a negative effect on our schools. This is not a declaration on immigration opinions or the president … our children, including our children citizens, should not be afraid to come to school.”

According to SB 48, if the immigration authorities arise with a mandate or an order of the court, the school staff must request their identifier and a written explanation of their visit and keep copies of these documents. However, if the agents do not have a mandate or an order of the court, the school staff should refuse them access.

The bill also orders the Attorney General to create official guidelines to help schools respect these rules.

“Our schools … could potentially lose millions of dollars of expulsion threats that have been made in California,” said Thurmond, a Democratic candidate for the post of Governor of California in 2026. “When these threats take place on school campuses or even near a school campus, several times the children do not come to school, including children who are themselves citizens. That said, children should stay in school and have good results. ”

Dr. Alma Castro, president of the County School Trustees Association, led to parallels between the fear it said to be caused by the repression of the Trump administration against illegal immigration and fear triggered by proposal 187 in 1994, a measure which aimed to deny public services, including education, undocumented immigrants in California.

“In 1994, I was a high school student at Lynwood high school and I witnessed fear and division caused by proposal 187,” said Castro. “Today, 31 years later, I am a member of the school board which serves in my same community in Lynwood. I see and also hear the testimonies of similar concerns concerning the impacts and the harmful effects of the threats of immigrants in our communities. ”

Supporters of SB 48 include the long Beach City College, the county of Alameda, California School Employees Association, the coalition for Humane Immigrant Rights of Los Angeles and Asians Advancing Justice Southern California. The Santa Cruz Supervisors Council and California equality also supported the bill.

The opposition to the measurement came from senator Steven Choi, D-Irvine, who was the only one in the committee to vote against.

Choi said he had not supported the bill because he discourages “open communication”, which, according to him, is “vital for our local police to offer better public security”.

The Choi office also referred to a February letter from the Sheriff OC Don Barnes to the Senate Committee on Public Security, in which Barnes expressed his opposition to SB 48. Barnes argued that the bill would hinder communication between the law enforcement agencies, although it also stressed that its department does not strengthen immigration laws.

“My deputies do not ask for the immigration status of suspects, witnesses or those who call to report crimes. Open communication with federal partners will not change this fact, it rather helps our ability to protect all residents of the community,” said Barnes.

The bill is now directed to the senatorial committee for public security.