California Enacts New Laws to Limit Immigration Enforcement in Schools

California Governor Gavin Newsom has signed into law a package of legislation designed to significantly restrict the activities of federal immigration enforcement agents on school and university campuses. The new laws, AB 49 and SB 98, establish strict requirements for agents seeking access to school grounds and mandate notification protocols if they are present.

The legislation responds to concerns from educators and families about increased immigration enforcement activities near and on school properties, aiming to ensure educational institutions remain safe and accessible for all students, regardless of immigration status.

New Protections for California Students

Two new pieces of legislation, signed by Governor Gavin Newsom, create a new framework for how California schools interact with federal immigration authorities. These measures are intended to provide clear guidelines for school administrators and protect student communities.

The California Safe Haven Schools Act (AB 49)

Introduced by Assemblymember Al Muratsuchi, AB 49 establishes firm rules for school campuses. Under this law, school employees are prohibited from granting immigration officers access to school property without a valid warrant or a court order. The law also forbids the sharing of student information under the same conditions.

Furthermore, if immigration officers do present a warrant and are allowed on campus, AB 49 stipulates they must be confined to areas where students are not present, minimizing disruption and potential fear within the student body.

"Students cannot learn or thrive if they live in fear of deportation or family separation," Assemblymember Muratsuchi said in a statement. "I want all of our students—but especially our immigrant students—to hear this message: you have a right to an education, and California will always stand with you."

The SAFE Act (SB 98)

The second bill, SB 98, is known as the Sending Alerts to Families in Education (SAFE) Act. Introduced by State Senator Sasha Renée Pérez, this law focuses on communication. It requires all K-12 schools and universities in the state to promptly notify their students and staff whenever immigration enforcement officers are present on campus.

This requirement ensures that the school community is aware of such activities, allowing families and students to respond accordingly. By March 2026, all local educational agencies must submit their policies regarding immigration enforcement to the California Department of Education.

Context Behind the Legislation

The new laws were developed in response to a shift in federal immigration policy and several reported incidents across California. The Trump administration rescinded a 2011 policy that had designated schools, hospitals, and places of worship as "sensitive locations" generally off-limits to immigration enforcement.

This policy change raised concerns among educators and parents that school grounds were no longer considered safe havens. In response, many California school districts independently declared themselves "safe havens," but the new state laws codify and standardize these protections statewide.

State Superintendent of Public Instruction, Tony Thurmond, commented on the situation. "The reckless actions of the Trump administration have sown fear and trauma throughout California school communities," he stated. "As the son and grandson of immigrants, I am proud to stand with our immigrant communities to ensure school campuses are safe and accessible to all families."

Legal Framework and Constitutional Rights

The new laws are grounded in established legal principles regarding privacy and law enforcement access to property. Ritu Mahajan Estes, an attorney with the pro bono law firm Public Counsel, explained the legal distinctions that apply.

While public spaces like sidewalks and parks are accessible to everyone, including law enforcement, public schools are generally treated as private spaces. This means officers typically need a court order or a warrant to enter.

"Under the Fourth Amendment, we all have a right against unreasonable searches and seizures," Mahajan Estes noted. She explained that obtaining a warrant requires law enforcement to demonstrate probable cause, a legal standard that agents may not always meet.

Mahajan Estes emphasized that these rights apply to everyone in the country, regardless of their immigration status. Her firm has been conducting trainings to inform communities of their rights when interacting with immigration agents.

Know Your Rights

According to legal experts, individuals have several key rights when encountering immigration enforcement:

1. The right to remain silent: You do not have to answer questions from agents.
2. The right to refuse entry: You can refuse to let agents into your home or a private space without a warrant.
3. The right to ask for a warrant: You can ask an agent to show you a warrant signed by a judge.
4. The right to request identification: You can ask agents for their identification.
5. The right to document: You are allowed to record the interaction.
6. The right to an attorney: You have the right to speak with a lawyer.

Governor Newsom framed the legislative package as a necessary step to restore trust and safety. "Public safety depends on trust between law enforcement and the communities they serve—but Trump and (Stephen) Miller have shattered that trust and spread fear across America," Newsom said. "California is putting an end to it and making sure schools and hospitals remain what they should be: places of care, not chaos."