DACA Uncertainty Could Disrupt State Education

About one-quarter of the 800,000 persons protected by the Deferred Action for Childhood Arrivals (DACA) policy live in California. DACA grants temporary lawful status and work permits to thousands of young migrants brought to this country through no choice of their own. In addition to many immigrant students currently enrolled in the state's public schools and colleges, approximately 5,000 teachers now working in California are also DACA recipients. The Trump Administration has attempted to dismantle DACA, but several court rulings have held off its discontinuation. 

California schools like yours could face major impacts if ending DACA's protections result in loss of enrollment, staffing, and state funding. If mass deportations occur, or many recipients leave school or employment fearing detention, it would disrupt the education of hundreds of thousands of students. 

Since 1982, following the U.S. Supreme Court's ruling in Plyer vs. Doe, immigrant students have had Constitutional protection to receive a free public education regardless of status. Reinforcing the federal protections, California enacted AB 699 mandating equal rights and opportunities in California public educational institutions to all persons, regardless of their immigration status. AB 699 prohibits school officials and employees from collecting information or documents regarding citizenship or immigration status of pupils or their family members, unless required by state or federal law. Local educational agencies were required to adopt such policies by July 1, 2018.

“Schools are prohibited from collecting citizenship or immigration status of pupils or family members, except as required by law.”

How do you comply? To assist schools, Attorney General Xavier Becerra published, "Promoting a Safe and Secure Learning Environment for All" as a model for local educational agencies to form their policies. The guide outlines state and federal protections for students and their families and gives schools guidance for:

1. Gathering and handling student and family information
2. Sharing student and family information, including disclosures not authorized by the Family Educational Rights and Privacy Act (FERPA)
3. Responding to requests for access to school grounds for immigration-enforcement purposes
4. Responding to the detention or deportation of a student's family member
5. Responding to hate crimes and bullying related to national origin or ethnicity

This short article is only an overview of the current DACA situation and the responsibilities of California public schools. More details about AB 699 are provided in our recent Briefing which includes the Attorney General's guidelines document.