With a new presidential administration in place, federal policies on immigration are shifting. Yet both the United States Supreme Court and the California Supreme Court have reaffirmed that every student, regardless of immigration status, has the right to a public education.

Federal and state laws further protect the confidentiality of student information, with California providing additional safeguards for undocumented students and their families. However, immigration and border enforcement remain under the jurisdiction of federal law.

Recognizing that California is home to many families with different immigration statuses, the Governor’s Office launched a resource hub in January 2025 to consolidate updates and guidance on immigration-related issues. This hub includes Attorney General Bonta’s latest guidance and model policies to support California’s K-12 schools, with sections on the following topics:

  • Gathering and handling student and family information
  • Sharing student and family information
  • Requests for access to school grounds for immigration enforcement
  • Responding to the detention or deportation of a student’s family member
  • Addressing hate crimes and bullying related to national origin or ethnicity

According to the state, the state’s resource hub will be updated regularly to reflect changes in federal policies. Meanwhile, we’ve also summarized some of the key legal protections for students in California, accompanied by the foundational state laws that serve as the basis of those protections.

Legal protections for students

As background, the state estimates that approximately one million California children — or about 1 in 10 — live with at least one undocumented parent, underscoring the potential impact of immigration policies on schools and communities.

California law guarantees that all students, regardless of immigration status, are entitled to a free public education. This protection is codified in Assembly Bill 699 (2017), which established strict guidelines for schools and districts on issues such as:

  • Restricting schools from permitting immigration enforcement access to campuses without a judicial warrant or court order.
  • Restricting requests for Social Security numbers or immigration status unless legally required.
  • Protecting the confidentiality of student information, ensuring it can only be disclosed under specific legal circumstances, such as a judicial subpoena or court order.

Resources for schools and families 

The California Attorney General has issued guidance based on two bills, the aforementioned Assembly Bill 699 and Senate Bill 54. The latter, which was passed in 2017, restricts California law enforcement from using resources to assist federal immigration enforcement, except in cases involving serious or violent felonies.

The following state resources may be useful to school and district leaders, as well as students and families.

Federal guidance on enrollment

The U.S. Department of Justice has similarly issued guidance with the U.S. Department of Education affirming children’s right to an education.

Association of California School Administrators 

Finally, the Association of California School Administrators has produced several practical resources, including an AB 699 fact sheet (PDF) from 2017 created in collaboration with Fagen Friedman and Fulfrost LLP to support school leaders in implementing these policies.