Immigrant Rights, Resources, and Support at Cabrillo Schools

Cabrillo Unified School District Policy

CUSD Board Policy 5145.13: Response To Immigration Enforcement

CUSD Administrative Regulation 5145.13: Response To Immigration Enforcement

The Governing Board of Cabrillo Unified School District is committed to the success of all students, irrespective of their citizenship or immigration status. Key points of the district policy include:

Students are to be protected against discrimination, harassment, intimidation, or bullying based on immigration status 

Students have a right to a free public education regardless of immigration status 

Schools and the district will not solicit or collect information regarding the citizenship or immigration status of students or their families

California Attorney General Bonta’s Guidance for K-12 Schools: Providing Safe and Secure Learning Environment for All

Your Child has the Right to a Free Public Education

• All children have a right to equal access to free public education, regardless of their or their parents’/guardians’ immigration status.
• All children in California:
  • Have the right to a free public education.
  • Must be enrolled in school if they are between 6 and 18 years old.
  • Have the right to attend safe, secure, and peaceful schools.
  • Have a right to be in a public school learning environment free from discrimination, harassment, bullying, violence, and intimidation.
  • Have equal opportunity to participate in any program or activity offered by the school without discrimination.

Information Required for School Enrollment

• Schools must accept a variety of documents from the student’s parent or guardian to demonstrate proof of child’s age or residency and schools are not required to keep a copy of the document used as proof of a child’s age
• Information about citizenship/immigration status is never needed for school enrollment. A Social Security number is never needed for school enrollment.

 Confidentiality of Personal Information

• Federal and state laws protect student education records and personal information. These laws generally require that schools get written consent from parents or guardians before releasing student information, unless the release of information is for educational purposes, is already public, or is in response to a court order or subpoena.
• Some schools collect and provide publicly basic student “directory information.” If so, the school district must provide parents/ guardians with written notice of the directory information policy, and provide the option to refuse release of your child’s information.

Family Safety Plans if You Are Detained or Deported

• You can update your child’s emergency contact information, including secondary contacts, to identify a trusted adult guardian who can care for your child if you are detained or deported.
• You can complete a Caregiver’s Authorization Affidavit or a Petition for Appointment of Temporary Guardian of the Person to give a trusted adult the authority to make educational and medical decisions for your child.

Right to File a Complaint

• Your child has the right to report a hate crime or file a complaint to the school district if he or she is discriminated against, harassed, intimidated or bullied because of his or her actual or perceived nationality, ethnicity, or immigration status.
  

For more information on resources for responding to immigration enforcement activities at California schools, or to file a complaint, please contact:

Bureau of Children’s Justice
California Attorney General’s Office
P.O. Box 944255 Sacramento, CA 94244-2550 
Phone: (800) 952-5225 E-mail: [email protected]
https://oag.ca.gov/bcj/complaint 

The full "Know Your Immigration Rights" consumer alert is available in English, Spanish, Arabic, Armenian, Chinese, Hindi, Japanese, Korean, Persian, Punjabi, Russian, Tagalog, and Vietnamese.

CHECKLIST FOR IMMIGRANT STUDENTS AND FAMILIES ATTENDING PUBLIC SCHOOLS

1. You do not have to share the following information with school officials:

• You do not have to share information, including passports or visas, regarding the immigration status of students, parents, guardians, or other family members.
• You do not have to provide Social Security numbers (SSN) or cards.
• When completing the “Free and Reduced-Price Meals” form, only provide the last four digits of the SSN of the adult household member who signs the application.
• If the family meets the income eligibility requirements and no adult household member has a SSN, your child still qualifies. Check the “No SSN” box on forms where applicable, to ensure that applications are complete.
• If any household member participates in CalFresh, CalWORKs (California Work Opportunity and Responsibility for Kids), or FDPIR (Food Distribution Program on Indian Reservations), no adult household member needs to provide the last four digits of his or her SSN to qualify the student for free or reduced price meals at school.
• When providing information for proof of a student’s residency or age, you do not have to use documents that could reveal information related to immigration status.

2. Take steps to protect student information:

• Ask for the school’s written privacy policies regarding student information.
• Review the school’s policy for “directory information”—which allows for public release of basic student information—and consider whether to opt out of releasing of that information.

3. Take steps to prepare for situations where one or more parents or guardians are detained or deported:

• Develop and keep in a safe place a “Family Safety Plan” (example: https://www.ilrc.org/sites/default/files/resources/family_preparedness_plan.pdf) that includes the following information:
  • Name of a trusted adult to care for your child if no parent or guardian can.
  • Make sure that your child’s school always has current emergency contact information, including alternative contacts if no parent or guardian is available.
  • Emergency phone numbers and instructions on where to find important documents (birth certificates, passports, Social Security cards, doctor contact information, etc.)

Key District Procedures

Responding to Information Requests: The district will not disclose student information to immigration authorities without parental consent, a court order, or judicial subpoena

Sites will report to the Superintendent (who will report to the Board) in a timely manner any requests for information or access to a school site by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws

Access to Students or School Grounds: Law enforcement officers must present valid documentation, and district staff will notify the Superintendent or designee and receive direction before responding to such requests. Response to access to students is governed by AR 5145.13 Responding to Requests for Access to Students or School Grounds

Please click on the links below for Resources & Supports
San Mateo County Legal Aid

CUSD Immigration Support Parent Guidance: English and Spanish

Rapid Response Hotline: If ICE comes to your home, work, or neighborhood, or if there are ICE raids nearby, call the San Mateo County Rapid Response Hotline at 203-666-4472 (203 NO-MIGRA). You can also get posters and pocket cards with this number.

Immigrant Legal Resource Center

Know Your Rights Toolkit

Coastside Hope: Free Immigration Consultations with La Raza Centro Legal attorney

ALAS  (Ayudando Latinos a Soñar)

SMCO Immigration Services PowerPoint: Spanish

SMCO Immigrant Services

SMCO Legal Services

For further support within Cabrillo Unified School District, contact the Migrant office at (650) 870-1792

Warrant and Subpoena Document Samples

From the California Attorney General's guide Promoting a Safe and Secure Campus for All  

• Arrest Warrant - Form I-200  
• Removal Warrant - Form I-205  
• Federal Search and Seizure Warrant - Form AO 93  
• Federal Arrest Warrant - Form AO 442  
• DHS Immigration Enforcement Subpoena - Form I-138  
• Federal Judicial Subpoena - Form AO 88B  
• Notice to Appear - Form I-862  

Please click on the links below for Other Resources:

• API (Asian Pacific Islander) Legal Outreach
• Community Legal Services in East Palo Alto
• Educators for Fair Consideration (E4FC)
• International Institute of the Bay Area 
• Lawyer’s Committee for Civil Rights of the San Francisco Bay ArLIBRE Project
• Oasis Legal Services

FAQs

Do we share a child’s information with immigration authorities?

No, the district will not share a student’s  information with immigration authorities without parental consent, a court order, or a judicial subpoena.

What should the school do if immigration officers come to the school?

The school staff will follow the district procedures above, which include notifying the Superintendent or designee and ensuring that officers do not enter the school premises to protect the safety and well-being of all our students.

Who should a parent contact if they have immigration questions?

Parents should talk to the site liaison or site principal (Principals please designate a site contact). At the district, parents can visit our Migrant Education office located at Hatch Elementary School in our Eagle Program and talk to Rosalva Segura and Cesilia Gutierrez-Gaytan.

Advice for Parents:

Legal assistance for immigration-related issues

See the resource list above

Update their child’s emergency contact information

Parents should update their child’s emergency contact information through the school office. It is recommended to provide alternative contacts in case of emergency situations. See the directory linked below for your child's school liaison:

CUSD  Family Liaison Directory

Fill out a Caregiver's Authorization Affidavit with a trusted family member or friend in case of emergency where the parent cannot pick up the student. Have the caregiver keep a copy and file one with the school:

English and Spanish

Red card provided by the Immigrant Legal Resource Center (ILRC)

The red card is a tool designed to help individuals assert their legal rights during encounters with immigration enforcement agents. It contains information in both English and Spanish about the right to remain silent, the right to refuse entry to one's home without a warrant, and the right to speak with a lawyer. When approached by immigration officers, individuals should hand the red card to the officer without opening the door or answering any questions. The card communicates their desire to remain silent and that they do not consent to a search or entry without a valid warrant. The District will provide these to you or you can print them by clicking on the links below:

English version

Spanish version