Bonita Unified School District - Information Regarding Undocumented Students and Students from Mixed Status Families

Our district has clear policies in place to ensure the safety and well-being of all students while they are in our care. Specifically:

To gain access to a campus, an immigration officer must produce a judicial warrant signed by a federal judge or meet one of the six emergency criteria for access to campus: national security threat, imminent risk of death, violence or physical harm, the pursuit of an individual who poses a safety threat, the pursuit of a personally observed border crosser, risk of criminal case evidence being destroyed and a safe alternative location does not exist. (Education Code § 234.7, Education Code § 49060)
School office staff and all BUSD administrators have been recently re-trained to implement BUSD Administrative Regulation 5145.13. This regulation ensures an immigration officer must wait in the office for a Cabinet-level District Administrator to arrive, verify credentials, and review a warrant before potentially gaining access to school grounds. (Education Code § 32212)
We DO NOT and WILL NOT collect or share information about the immigration status of our students or their families. (Education Code § 234.7)
We will uphold the right of every child to a public education, regardless of immigration status, ethnicity, religion, sexual orientation, gender identity, or any other characteristic. (Education Code § 234.7, Education Code § 200)

To support our family, a dedicated webpage with critical resources, including:

Information about students’ legal rights under federal and state law.
Guidance on family emergency preparedness.
Contacts for legal, emotional, and educational support services.

Immigrant Rights and Resources

Undocumented Students in California: What You Should Know

Common Terms

UNDOCUMENTED IMMIGRANTS: people who enter the United States without immigration clearance.

MIXED STATUS FAMILIES: families with at least one undocumented family member and at least one member who is a U.S. citizen. Over one-third of U.S. households with an undocumented person are mixed families.

UNACCOMPANIED MINORS: undocumented children who enter the U.S. without a guardian. They often come to escape violence in their country of origin.

SANCTUARY SCHOOLS & CAMPUSES: educational institutions that adopt policies to protect students who are undocumented.

Policies Affecting Immigrant Students

Federal

PLYLER V. DOE: a Supreme Court decision that guarantees undocumented students free access to K-12 education.

“DEFERRED ACTION FOR CHILDHOOD ARRIVALS” (DACA): an initiative created by President Obama in 2012 through executive action provides two-year deportation relief and work eligibility for qualifying youth who came to the U.S. as children.

The DEVELOPMENT, RELIEF, AND EDUCATION FOR ALIEN MINORS (DREAM) ACT: a U.S. legislative proposal that would provide a path to legal status for qualifying high school graduates who attend college or serve in the military. First introduced in 2001, it never passed despite multiple legislative attempts.

California

AB 540 (2001) allows qualifying nonresident students to pay in-state tuition at public universities.

The CALIFORNIA DREAM ACT (2011) allows AB 540 students to also apply for state-funded financial aid, known as Cal Grants, and non-state funded scholarships

Challenges & Opportunities for Undocumented Students

MANY UNDOCUMENTED CHILDREN FACE CHALLENGES IN SCHOOL AND AT HOME, INCLUDING:

Bullying or harassment at school
Language barriers to learning and insufficient academic supports
Fear that they or family members will be deported and separated
Less parental participation in school by caregivers fearful of revealing immigration status or confused about the education system
Lack of family access to social services, such as food assistance or health care
Fear of reporting crimes to law enforcement
Needing to enter the workforce at a young age to support their families, which impacts their ability to focus on and stay in school and means they are relegated to “underthe-table” work without employment protections.
Lack of access to federal financial aid, making college less attainable. Though state-level financial aid is available, many students do not apply, fearful of the repercussions of revealing personal information.

Threats to undocumented youth have increased since the recent Presidential election. The President’s actions expanding immigration crackdowns on non-criminal immigrants have increased the threat of deportation. The possible roll-back of previous executive orders such as DACA would impact students’ ability to attain or maintain temporary legal residency, and many who have submitted personal information fear their immigration status could be shared with authorities

CALIFORNIA OFFERS A NUMBER OF SAFEGUARDS AND BENEFITS FOR UNDOCUMENTED CHILDREN, ESPECIALLY AT THE POSTSECONDARY LEVEL:

In-state tuition at public universities through AB 540
Cal Grants to help cover the cost of college tuition9
Board of Governor’s fee waiver
Institution-specific grants and scholarships at many University of California and California State University campuses
UC’s California DREAM Loan Program for undocumented students to take out loans when enrolled at least part time
Undocumented Student Centers on UC campuses and a number of CSU and community college campuses to provide resources and support to undocumented students
Free legal services available to undocumented students at most UC campuses through support from the UC Immigrant Legal Services Center

California state and local leaders have also stepped up during uncertain times to protect California’s undocumented student population.

Members of the state legislature have introduced bills and resolutions that would extend protections for undocumented youth and families.
The State Superintendent of Public Instruction sent a letter to all K-12 superintendents urging them to declare their districts safe havens.
Many K-12 districts have passed sanctuary resolutions, refer families to CBOs and legal service providers, and train counselors/staff to help students navigate the college application process.
Some K-12 school and district staff are creating sample lessons for classrooms on issues affecting undocumented students.
Numerous college presidents have stated their institutions are sanctuary campuses, and some UC campuses offer trainings to help faculty and staff advocate for undocumented students.

For Additional Information

For additional information, including links to resources and organizations supporting undocumented students and their families, check out www.edtrustwest.org.

Undocumented Students in California: What You Should Know

Know Your Rights

Traveling While Undocumented Webinar

Click here to view the video.

What Immigrant Family Can Do Now

Talk to an immigration services provider about your immigration options

Find immigration legal help on the Immigration Advocates Network’s national directory of free or lowcost nonprofit immigration legal services providers at https://www.immigrationlawhelp.org

If you have a green card, find out if you can become a U.S. citizen.
If you are here on a visa, find out if you can get a green card.
If you do not have immigration status, find out if you may be eligible to get a visa or work permit.
If you have a criminal arrest or conviction, find out how it might affect your case, or if there is a way to erase it from your record.

Make a child care and family preparedness plan (https://www.ilrc.org/familypreparedness-plan)

Make sure all information and emergency contacts are up to date at your children’s school(s) including who can and cannot pick up your children.
Create a sheet of emergency numbers and contact information and a file of important documents so that you, your family or your emergency contact person can easily access them.
Complete a caregiver’s authorization affidavit so another adult can care for your children temporarily (available in California).
Register your child’s birth with your country’s government (for example, with your country’s consulate) if your child was born in the United States.

Figure out which documents you should and should not carry with you

If you have a valid work permit or green card, carry it with you at all times. If you do not have one, generally it is advisable to carry a municipal ID, state ID or driver’s license if it was issued in the United States and contains no information at all about your immigration status or your country of origin. Ask a local immigration advocate about what kind of documents are safe to carry in your area.
Do not carry any documentation about your country of origin.
Do not carry any false identity documents or false immigration documents.
At all times, carry a red card (https://www.ilrc.org/red-cards) to exercise your right to remain silent in case you are stopped or interrogated by ICE or police officers.

Everyone's Rights During an Immigration (ICE) Raid

Everyone – both documented and undocumented persons – have rights in this country.

Make sure you and others know what to do if approached by ICE officers.

Inform your family members (even children), housemates, neighbors and co-workers, regardless of their immigration status, of their right to remain silent and all of these rights if ICE or the police comes to your home, neighborhood or workplace.

You have the right to remain silent.

You can refuse to speak to an ICE agent. Do not answer any questions, especially about your birth place, immigration status or how you entered the United States. Say that you want to remain silent until you speak with a lawyer.

You have the right to demand a warrant before letting anyone into your home.

Do not open your door to authorities without a warrant. You do not need to open the door unless an ICE agent shows you a warrant signed by a judge with your specific and correct name and address on it. If they say they have one, do not open the door for them to show it to you. Ask them to slip it under the door or through a window.

You have the right to speak to a lawyer and the right to make a phone call.

You have the right to refuse to sign anything before you talk to a lawyer.

Do not sign anything. That could eliminate your right to speak with a lawyer or have a hearing in front of an immigration judge. This may result in you being deported immediately without a hearing.

You have the right to refuse to show any documents before speaking with a lawyer.

Remain calm and do not try to run away. If you do, ICE or the police may use that against you.

What Allies Can Do During an Immigration Raid

If you can do so safely, take photos of, video record, document and report raids and arrests.

Obtain the names and phone numbers of any witnesses.
Share information about the raid with your co-workers. If there is a union in your workplace, contact a union official.
If ICE agents or police officers enter without a proper warrant, ask for their names and/or write down their badge numbers.

To report a raid, contact United We Dream’s hotline 1-844-363-1423 or text 877877.

Report any incidents of raids or abuses/mistreatment by ICE, police or border patrol.

Legal Rights

Educational Rights

Safety and Community Protect

Resources for Families and Students

Webinars and Trainings

Legal Resoruces

Benefits Access and Wellness Support

College, Financial Aid, and Career Support

Resources for Schools and Educators

Legal Rights

Supporting and Advising

Professional Development, Training, and Webinars

Upcoming:

Recorded:

Storytelling and Community

Q&A: Serving Undocumented Students Information

Are undocumented students entitled to a free public elementary and secondary school education?

Yes. Public schools are prohibited from denying undocumented students a free public education. (Plyler v. Doe (1982) 457 U.S. 202.) Under Plyler, the undocumented or non-citizen status of a student (or his/her parent or guardian) is irrelevant to that student’s entitlement to an elementary and secondary public education.

Can I ask a student questions regarding their immigrations status?

No. The District should never ask a student, or the parent/guardian of the student, questions regarding citizenship or immigration status. (See U.S. Dept. of J. and U.S. Dept. of Ed. Fact Sheet: Information on the Rights of All Children to Enroll in school, https://www.justice.gov/sites/default/files/crt/legacy/2014/05/08/plylerfact.pdf.) A student’s citizenship or immigration status is not relevant in establishing residency requirements. (OCR Dear Colleague Letter, May 8, 2014.)

What kind of documents must an undocumented student provide to establish proof of residency for enrollment purposes?

Undocumented students wishing to enroll in a school may establish residency by providing the same documents as required by other students. For example, this may include a rental agreement or payment, correspondence from a government agency, a declaration of residency executed by the parent/guardian of the student, utility bills or other documents. (Ed. Code, § 48204.1.)

Schools should be cognizant, however, that school enrollment cannot be denied to a student, undocumented or otherwise, who is homeless and unable to show that he/she lives within the district’s boundaries.

What kind of documents can a student request to establish an undocuemented student's age?

Schools are permitted to request documentation to show that a student falls within a school’s minimum and maximum age requirements. (Ed. Code, § 48002, Cal. Code Regs., tit. 5, § 432, subd. (b)(1)(B).) Acceptable documents for establishing age include a birth certificate, an affidavit from a parent, or previously verified school records. (See U.S. Dept. of J. and U.S. Dept. of Ed. Fact Sheet: Information on the Rights of All Children to Enroll in School, https://www.justice.gov/sites/default/files/crt/legacy/2014/05/08/plylerfact.pdf.)

It should be noted, however, that although a school may request the aforementioned documents, a student cannot be prevented from enrolling or attending at a school because he or she lacks a birth certificate, or has records indicating a foreign place of birth. There is no legal requirement for the district to retain a copy of the birth certificate in its records.

Are undocumented students entitled to participate in extracurricular school activities and other school services?

Yes. Unless an activity does not contribute to educational goals, and the denial of participation furthers a substantial state goal, the activity is likely protected under Plyler’s guarantee of access to education. Because there are strong arguments that extracurricular activities are central to the student’s educational experience, undocumented students should have the right to participate in those activities. This right extends to services related to transportation, special education, Section 504 services, and school meals.

Is an undocumented student entitled to the same privacy rights under te Family Educational Rights and Privacy Act as other students?

Yes. All students within a school district are entitled to privacy rights with regard to each student’s educational records, under the Family Educational Rights and Privacy Act (“FERPA”) (20 U.S.C. § 1232g; 34 C.F.R. § 99.1 et seq.), as well as under California law (Ed. Code, § 49060 et seq.). Under FERPA, a school district may disclose “directory information” to certain entities, so long as the school district has given the student/parents notice and an opportunity to refuse to disclose such directory information. What categories of directory information that will be released is a question determined at district level through board policy. (Ed. Code, § 49073, subd. (a).) Other records related to a student’s education at the school district, and which are personally identifiable, are protected under FERPA and state law from unauthorized disclosure.

May an Immigration and Customs Enforcement ("ICE") agent obtain otherwise private student records by way of a valid subpoena, search warrant, or court order?

Yes. Prior to releasing otherwise private student records to ICE, the superintendent should review the subpoena, search warrant, or court order, and consult with legal counsel, to determine the scope of the subpoena, warrant or court order, and whether it is genuine. In the case of search warrants, the school district will have little time to conduct a review of the documents. If the ICE agent is willing to cooperate with the school district and its legal counsel, the parties should coordinate to achieve compliance with the warrant that minimizes the disruption to school operations. Subpoenas and court orders do not present the same level of immediacy as a search warrant.

What if ICE appears on campus without a subpoena, court order, or search warrant, no exigent circumstances, and requests protected student educational records?

Under the above circumstances, the school district must refuse to produce the requested documents in compliance with FERPA and the California Education Code provisions that prevent the unauthorized disclosure of student records.