Immigration & Students

IMPORTANT DISCLAIMER: 

Immigration laws and policies are changing quickly. As of January 2025, the rules about immigration enforcement in schools might be changing, and some protections students had before could be different now.

This guide gives general information about your rights in California’s K-12 public schools when it comes to immigration enforcement, but it doesn’t update in real time.

The information in this guide is current as of February 5, 2025. Any FAQs we update in the future will show the date they were last updated so you know what’s current.

RIGHT TO AN EDUCATION

Do I have the right to a K-12 education as an undocumented student?

YES. Every child who lives in California has the right to a free public education regardless of the child or their family’s race, nationality, sex, religion, whether they speak English or not, and immigration status. Every child in California, including non-citizens and undocumented students, has a right to attend a public school in the district where their parent, guardian, or sponsor reside,1 or a charter school.

Can a charter school deny my enrollment solely because I am an undocumented student?

NO. Charter schools may not deny you admission on the basis of your undocumented status. You can learn more about your rights to in charter school admissions here: www.aclusocal.org/unequal-access/.

do I have a right to be protected from bullying and harassment based on my or my family’s immigration status or country of origin?

YES. You have a right to go to school that is a welcoming environment for you and your classmates.  This means you have a right not to be bullied or harassed.

California schools must take bullying or harassment seriously and create an action plan to address bullying.

You have a right to report, and should report, bullying or harassment at school.  School staff are required to immediately intervene if they see student harassment, discrimination, intimidation, or bullying.

If bullying or harassment happens based on a student’s color, race, national origin, gender, gender expression, gender identity, sexual orientation, disability, religion, or immigration status, it may also violate civil rights and discrimination laws. Such bullying or harassment could include racial slurs, homophobic or transphobic slurs, refusing to respect a transgender person’s identity, anti-Muslim or immigrant remarks, or comments about students’ nationality or ethnicity.

If you are experiencing bullying because of your immigration status, then you should tell a trusted adult at your school and your family. Learn more about your rights to be free from discrimination, harassment, or bullying at https://www.myschoolmyrights.com/rights/harassment-bullying/.   

You can also file a complaint with your school to stop the bullying from happening, regardless of whether you were bullied by a student or a teacher. Learn more about how to file a complaint with your school at https://www.myschoolmyrights.com/rights/file-a-complaint-with-your-school/. 

IMMIGRATION ENFORCEMENT ACTIONS ON k-12 public SCHOOL CAMPUSES

Will the U.S. government conduct immigration enforcement actions on my school campus?

MAYBE. In January 2025, the United States government rescinded, or eliminated, guidance that generally limited immigration enforcement actions on or directed towards school campuses, including primary, secondary, and post-secondary schools such as colleges and universities as well as licensed daycare centers, pre-schools, school bus stops, and any school-related activity or event.

Federal immigration enforcement agencies may attempt immigration enforcement actions at schools.

Students, parents, and school staff should remain vigilant.  By knowing your rights and knowing what to do if confronted by a law enforcement agent seeking to enforce federal immigration laws, you can protect yourself, your family, and your school community as best as possible under difficult circumstances.

What do you mean by an “immigration enforcement action”?

Federal immigration enforcement actions are actions are generally taken by U.S. Immigration Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), or Homeland Security Investigations (HSI) officers. Examples of such actions include searches, interviews, surveillance for immigration purposes, and arrests of immigrants to subject them to immigration-related legal processes.

In California, local law enforcement agencies include police departments, sheriff departments, and school police departments.  In California, local law enforcement agencies are not permitted to engage in federal immigration enforcement action, including by collaborating with immigration officers.

What is a “safe haven” or “safe zone” school district?

Some local educational agencies in California have declared that they are “safe zone” or “safe haven” school districts or charter schools. This means that the school district or charter school promises to resist efforts of immigration authorities to come on campus or use school records for immigration enforcement purposes.

Should I be worried if my school has not declared itself a “safe haven” or “safe zone” district?

NO. Even if your school district or charter did not adopt a “safe haven” or “safe zone” resolution, all county offices of education, school districts, and charter schools in California, including yours, were required to adopt policies limiting your school’s ability to cooperate in immigration enforcement actions by July 1, 2018. The policies should also declare that your school remains safe and accessible to all Californians, regardless of immigration status2. To learn about your district’s policies on this topic, search for your district’s school board policies on the school district’s website with search terms like:

  • response to immigration enforcement,
  • nondiscrimination,
  • student records,
  • district residency,
  • visitors/outsiders,
  • immigration status,
  • place of birth,
  • Uniform Complaint Procedures, or
  • bullying.

If your school has not yet adopted these types of policies, then you can encourage your school district or charter school to do so by letting them know they are legally required to.  In December 2024, the California Attorney General published updated guidance and model policies that all county offices of education, school districts, and charter schools must adopt by May 1, 2025.  You can read the California Attorney General’s guidance and model policies called Promoting a Safe and Secure Learning Environment for All:  Guidance and Model Policies to Assist in California’s K-12 Schools in Responding to Immigration Issues.  If your school is not following the model policies that the California Attorney General’s office published, you can contact the Bureau of Children’s Justice in the California Department of Justice by emailing [email protected], or submitting a complaint on the Bureau’s website at https://oag.ca/gov/bcj/complaint.

The California Attorney General’s Guidance and Model Policies also encourage local educational agencies – like a county office of education, school district or charter school – to adopt policies that encompass “all law-enforcement agencies that seek to enforce immigration law and handle requests from all law-enforcement agencies acting with that purpose the same way.”  AG Guidance at p. 6.  If your school needs help with this, then you can share our ACLU model school board policy that we hope all school districts and charter schools adopt.

SCHOOL REQUESTS FOR STUDENT or family DOCUMENTS or information

Can my school district ask about my citizenship or immigration status for proof that I live in the school district?

NO. School districts may NOT ask about a student’s citizenship or immigration status as proof of a student’s residency within a district. Your school may NOT stop you from enrolling if you do not provide that information. 

To establish residency for enrollment purposes, schools may ask for, and accept, documents that indicate your address, such as:

  • property tax payment receipts;
  • rental property contracts, lease agreements, or payment receipts for rent paid;
  • a parent or caregiver’s pay stubs or voter registration documents;
  • correspondence from a government agency; or
  • a declaration of residency signed by a student or legal guardian.

One of these documents is sufficient to establish residency for school enrollment purposes.  In other words, you don’t need to provide everything from this list.

Do I have the right to withhold information on my citizenship or immigration status from my school district?

YES. You have the right to withhold information on your citizenship or immigration status from your school. Your school may NOT stop you from enrolling if you do not provide that information.

Can my school district request my birth certificate as proof of my age?

YES, but your school district may NOT stop you from enrolling in school because you lack a birth certificate or have a foreign place of birth. So while your school can ask for it, you do not have to provide it and can show other documents instead.

if i don’t have a birth certificate, can my family or i use other documents to prove my age when i enroll in school?

YES. Your school district must have a policy indicating what documents you or your family can use to verify your age for school enrollment purposes.  Generally, you can submit a birth certificate, an official baptism certificate, or passport.  If you don’t have any of these documents available to you, the school must accept an affidavit of the parent, guardian, or custodian of the student.  An affidavit in this context is a written statement made by the parent, guardian, or custodian of the minor, stating the student’s date of birth.  This statement is made under oath to promise that the information in the written statement is true and accurate to the best of the person’s knowledge.

who is an unaccompanied minor for purposes of school enrollment and what documents do they need to enroll in school?

For school enrollment purposes, an “unaccompanied minor” or “unaccompanied youth” refers to a child or youth who is homeless and not in the physical custody of a parent or guardian. Visit our webpage at https://www.myschoolmyrights.com/rights/students-experiencing-homelessness/ to learn who is considered “homeless” or “unhoused” under federal law for school purposes.  

Students in this category are protected by the federal McKinney-Vento Homeless Assistance Act, which requires schools to immediately enroll these students without any proof of residency or other documentation.

can my school require me to provide a social security number to enroll in california public schools?

NO. Your school cannot require you, or your family members, to provide a social security number to enroll in California’s K-12 schools. This means that your school may NOT stop you from enrolling because you or your family do not provide social security numbers to the school.

PRIVACY OF STUDENT RECORDS

does my family have the right to control who sees my student records held by my school?

GENERALLY YES, but there are exceptions. A federal law called the Family Educational Rights and Privacy Act (also known as “FERPA”) requires that your school ask for your permission before it discloses information in your student records. But there are times when your school can share your student records without your permission, as described more below.

what are education records?

For purposes of FERPA, education records are files, documents or other materials that contain information directly related to you and are kept by your school.  Generally, education records can include materials like your grades, attendance history, or disciplinary records.  

can my parents/caregivers see my education records?

YES.  Your parents/caregivers have the right to see your education records until you turn 18, unless you are claimed as a dependent for tax purposes. 

can i see my education records?

Once you turn 18, you qualify as an “eligible student” under FERPA and you can access your education records yourself.

what is directory information?

Directory information is basic information about you, like your name, address, phone number, date and place of birth, dates of attendance, and awards.  

Schools can share this if they have a policy that permits sharing it unless your parents tell them not to release your directory information.  If you are a student protected by the McKinney-Vento Homeless Assistance Act (see above), then your school is not permitted to disclose your directory information without your or your guardian’s written consent.  Once you turn 18 years old and become an “eligible student,” you can tell your school not to share this information.

Your parent/caregiver (or you if you are an eligible student) should ask your school to not to share your directory information if you are concerned about law enforcement agents, including those engaged in immigration enforcement actions, accessing your information like your home address or place of birth. 

Opting out of sharing your directory information may cause other disruptions, so be sure to ask your school to ask for your parent/caregiver’s consent before sharing out your directory information.

can my school share my place of birth with law enforcement agents or immigration enforcement authorities without my family’s permission?

MAYBE, but there are ways to stop this.

Your school may share directory information—like your place of birth, email, phone number, and address— if they have a policy that allows for its release and they annually notify families about this policy. (See above for more information about directory information.)  Regardless of the policy, your school may not release your directory information to anyone or any entity if your family (or you if you’re an eligible student under FERPA) tell them not to share it.  Check with your school to see what their policy is and opt-out of having your information shared if you want that.

Also, if you’re concerned, you can ask your school or school district to have a policy that protects student privacy by not sharing directory information with any law enforcement authorities, including those engaged in immigration enforcement, except where required by law.

can my school share my personal information in my education records that is not directory information without asking my parents or caregivers?

NO, but there are exceptions. 

Schools need your parent or caregiver’s permission to share your personal information in your education records unless it’s for certain reasons like emergencies or when required by law.  For example, your information can be shared with law enforcement if there is a subpoena or court order requiring your school to provide your information or records.  But usually your parents/caregivers will be notified unless the court says otherwise.  Also, your school will usually not be obligated to produce the records or information immediately, especially if they need to notify your parents about the request.

If it’s just directory information, remember that your parents/caregivers can opt out and stop the school from sharing it. In these cases, the school would need your parent’s/caregiver’s written consent before disclosing directory information, or your written consent if you are an eligible student under FERPA.

what is a subpoena or court order to obtain information from my education records at school?

A subpoena is a legal document that indicates the person or entity receiving the subpoena (for example, your school) must share specific information with the court or law enforcement agency.  

A court order is when a judge officially tells the person or entity (for example, your school) to share your information.  

There are different types of subpoenas and court orders and whether your school must comply with them depends on what type of subpoena or court order it receives and these obligations must be balanced with other laws, like student privacy laws.

what happens if law enforcEMENT agents, including those engaged in immigration enforcement actions, provide my school with a subpoena or court order for my education records?

If a law enforcement agent, whether local or federal, provides your school with a subpoena or court order for your education records, the school is not obligated to provide your records right away.  In these situations, the school usually has to let your parents know about the subpoena or court order and they must do so before the school provides your records to the agency requesting them.  This gives your family a chance to take legal steps if they want to protect your information from being shared.  But there are exceptions when your school may not be allowed to notify your family about the subpoena or court order; for example:

  • If the subpoena is from a federal grand jury and the court says it has to stay secret, the school can’t tell your parents.
  • If it’s a subpoena for law enforcement purposes and the court orders secrecy, the school won’t notify your parents.
  • If it’s related to terrorism or other federal crime investigations and either the United States Attorney General or designee not lower than an Assistant Attorney General obtains a court order, then your records can be shared without anyone being notified.
  • If the parent is a party to a court proceeding involving child abuse, neglect, or other dependency matters and the judicial order is issued in the context of that proceeding, the school won’t notify your parent.

does my school have to tell me and my family about my privacy rights in my student education records?

YES.  Every year, your school district or charter school must provide notice to parents and guardians of the school’s general information policies that includes the following requirements set by the California Attorney General:

  • Assurances that the school district/charter school will not release information to third parties for immigration-related purposes, except as required by law or court order;
  • A description of the types of student records maintained by the school district/charter school;
  • A list of the circumstances or conditions under which the school district/charter school might release student information to outside people or entities;
  • A statement that, unless the school district/charter school is providing directory information or information for a legitimate educational purpose under FERPA and the California Education Code, the school district/charter school shall notify parents or guardians and eligible students–and receive their written consent–before it releases a student’s personally identifiable information. 

To read more, check out the California Attorney General’s “Promoting a Safe and Secure Learning Environment for All:  Guidance and Model Policies to Assist California’s K-12 Schools in Responding to Immigration Issues,” https://oag.ca.gov/sites/all/files/agweb/pdfs/bcj/school-guidance-model-k12.pdf. 

HIGHER EDUCATION

As an undocumented or non-citizen student, am I eligible for federal financial aid to attend college?

NO. Unfortunately, as an undocumented student you are not eligible to receive federal financial aid.

However, here in California a law called AB 540 allows you to apply for in-state tuition at California public colleges. Learn more about AB 540. Also, the California Dream Act of 2011 permits those who qualify for AB 540 to also qualify for some types of state financial aid, including UC scholarships and grants, Cal Grants, Chaffee Foster Youth Grants, and community college fee waivers.

I am an undocumented student who applied for in-state tuition through AB 540. Could immigration enforcement authorities learn of my undocumented status through my AB 540 application?

POSSIBLY, BUT IT IS UNLIKELY. The CSU, UC, and California community college systems publicly stated that they will refuse to share immigration-related information and do whatever they can to protect AB 540 applicant information from immigration enforcement authorities.
For additional resources, check out:

PREPARING FOR THE POSSIBILITY OF A PARENT’S ARREST OR REMOVAL

Are there steps my family and I can take in case my parent or guardian is detained by immigration enforcement authorities?

YES. You and your family can talk about what to do if a parent or caregiver is detained by immigration enforcement authorities in the future. To help you in this conversation, check out the Family Preparedness Plan by the Immigrant Legal Resource Center.

What else can I do to make sure that I am safe if my parent or guardian is detained by immigration enforcement authorities?

Your school is required to contact those listed in the emergency contact information your parent or caregiver provided to the school if your parent or guardian becomes unavailable to care for you. Your school should only call state protective services as a last resort. Your school should never contact immigration enforcement authorities.

ADDITIONAL RESOURCES