SENATE BILL 48 BLOCKS ICE AT SCHOOLS

By Jose Cervantes

Amidst growing concerns over the potential impact of the incoming Donald J. Trump administration’s immigration policies, California Senate Majority Leader Lena Gonzalez (D-Long Beach) has introduced Senate Bill 48.

The bill seeks to maintain protections for immigrant families and ensure schools remain safe spaces for learning, regardless of immigration status. The creation of this legislation is accentuated by Trump’s repeated vows to ramp up deportations, including targeting families with U.S.-born children.

SB 48 strengthens existing state laws by creating a one-mile “safe zone” around schools, effectively barring immigration authorities from conducting enforcement actions alongside the assistance of local police within this radius without a judicial warrant.

This provision aims to address concerns about parents being detained during school drop-offs or pickups, incidents that have instilled fear in immigrant communities nationwide.

The bill prohibits school administrators from cooperating with immigration enforcement agents unless presented with a judicial warrant. This includes sharing student information, family details, or employee data with Immigration and Customs Enforcement (ICE).

The legislation reinforces the expectation that schools should be dedicated to education, not serving as extensions of immigration enforcement agencies. Gonzalez stressed the importance of ensuring safe and inclusive learning environments for all children.

“As Chair of the California Latino Legislative Caucus, I’m proud to be partnering with Superintendent Tony Thurmond to author this important legislation, which will prevent disruptions to student learning, keep children in school and prevent families from being torn apart,” she stated.

The introduction of SB 48 follows growing anxieties about the potential reversal of long-standing federal policies regarding immigration enforcement at schools. Since the early 1990s, schools have been considered “sensitive locations” where immigration arrests are generally discouraged.

This policy was further strengthened under the Obama and Biden administrations, expanding the protected zones to include places where children gather, such as playgrounds and after-school programs. However, Trump has signaled his intention to retract these policies, potentially opening the door for increased immigration enforcement at and near schools.

This shift in federal policy, coupled with Trump’s aggressive stance on immigration, has prompted California lawmakers to take proactive steps to safeguard immigrant students and families.

SB 48 builds upon the foundation laid by Assembly Bill 699, passed in 2017, which required schools to implement policies that prevent immigration enforcement on school grounds and restrict information collection regarding immigration status.

“All California children deserve safe school environments that prioritize student learning, regardless of immigration status,” said Gonzalez in a statement.

SB 48 takes these protections further, establishing more explicit guidelines for interactions with ICE, expanding the safe zone around schools and prohibiting police collaboration with immigration enforcement within that zone.

Trump has repeatedly pledged to implement mass deportations. This policy could have devastating consequences for the estimated 4.4 million U.S.-born children with at least one undocumented parent and the 733,000 undocumented school-aged children nationwide, according to Pew Research and Migration Policy, respectively.

Trump’s pronouncements have gone beyond targeting undocumented individuals, extending to advocating for the deportation of entire families, even those with U.S. citizen children.

“I don’t want to be breaking up families,” Trump said in an NBC News interview regarding the mass deportation of the 4.4 million mixed-status families. “The only way you don’t break up the family is you keep them together and you have to send them all back.”

This stance has drawn sharp criticism from legal experts who deem it “blatantly illegal” to deport U.S. citizens. While ICE lacks the authority to deport American children, concerns remain that the pressure on undocumented parents could force families to make choices about leaving the U.S. together, effectively resulting in the removal of American children.

Critics argue that deporting U.S. citizen children with their parents is not only morally reprehensible but also legally unsound. The tactic is seen as creating a climate of fear and intimidation, potentially leading to the self-deportation of families, even those with legal rights to remain in the U.S.

SB 48 also protects school funding. California’s school funding is based on attendance. The fear instilled by increased immigration enforcement can lead to decreased school attendance, directly impacting school revenues.

A 2018 Stanford study revealed that Hispanic student attendance and performance declined in areas where strict immigration enforcement was practiced during Trump’s first term. This decline in attendance translates to lost revenue for schools, hindering their ability to provide quality education for all students.

“This is about preserving that revenue and keeping our schools from being robbed of needed resources to help California kids,” said State Superintendent Tony Thurmond.

The bill seeks to restore trust and confidence within immigrant communities, encouraging families to feel secure in sending their children to school. This, in turn, helps protect school funding and ensures that all California students, regardless of their immigration status, have access to quality education.

Assembly Bill 49, preceding the introduction of SB 48, also outlines the operations of immigration authorities in school environments, including needing identification, a court order with a statement of purpose and approval from the school district’s superintendent before entering school grounds.

However, children are prohibited from being present while immigration authorities conduct their purpose at school.

Both bills await their first committee review in January 2025.

For any inquiries or further information, please contact Jose Cervantes at JoseC.Press@pm.me

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