How California Schools Can Support Students, Families Fearing ICE Raids

Source: Ian Kapsalis/The Express

Guest Blog by Laura E. Enriquez, Ed Source. This story was originally published by EdSource. Sign up for their daily newsletter.

Back-to-school season should be a time of hope and excitement. This year in Southern California, however, it was shadowed by fear as immigration threats spilled into schools.

All summer, federal immigration agents besieged the streets of Southern California. In response, schools in impacted areas set up safety zones, coordinated school personnel and volunteers to monitor nearby areas for ICE activity. Still, violent raids and violated rights are ratcheting up fear across entire communities. Just this week, the U.S. Supreme Court ruled that one’s race and related factors can be used to detain individuals, paving the way for immigration enforcement officers to make more frequent stops. 

As I got my kids ready for school — picking out new shoes and stuffing supplies into backpacks — I was struck by the privilege that these are our biggest worries. For many other Latino families in Southern California, the first day back was overshadowed by anxiety: Will Immigration and Customs Enforcement (ICE) be waiting outside? Will a parent not come home tonight?  

As a professor who studies the impacts of exclusionary immigration policy on undocumented and mixed-status families, I anticipate the long-term effects of this moment. Detention and deportation of a family member destabilizes households and harms children’s mental health and academic success. Even for those who manage to avoid the deportation of loved ones, these raids will be core memories that shape how a whole generation understands legal vulnerability.

In my past research, I often listened to undocumented and U.S. citizen young adults recall a key moment: being in the car when a parent was pulled over, hearing late-night knocks on the door, or encountering police checkpoints. Those memories have shaped lifelong understandings of when and how deportation may threaten their families. 

Because the students I studied grew up in California, these incidents were once occasional and isolated. Now, the threat is coordinated and constant. Students tell me their parents say it’s never been like this before. From now on, when their mom doesn’t answer the phone, the worst-case scenarios that flash through their heads will be the ones they see in the news: brutal detentions, disappearances into ICE custody, and possibly deadly outcomes. 

Such fears compromise students’ educational engagement and mental health, weakening their academic performance. In our research on undocumented students and U.S. citizens with undocumented parents at the University of California, my colleagues and I found that immigration-related threats created clear disparities between these students and their peers with lawfully present parents. These fears fueled high rates of anxiety, depression and academic disengagement. The overall pattern is clear: Immigration policies harm whole families and communities, not just undocumented immigrants. 

California legislators have passed two bills that seek to restrict immigration enforcement on school campuses and inform students and families of the presence of immigration officers on campuses. Signing these bills into law and implementing them will provide a critical sense of safety that can enhance student well-being. 

Source: Mindsite News/ Linda Perales

Administrators and educators — from elementary school through college — can further step in to help families navigate threats. Existing school mass notification systems can be used to inform families when ICE is active nearby. Just as schools prepare for earthquakes, they can support families in creating emergency reunification plans so that younger children are cared for and older students know what to do. 

Teachers and staff at all levels must be prepared to talk with students in culturally competent and compassionate ways. This means staying current on immigration-related issues, sharing resources, and making clear that anti-immigrant language will not be tolerated. For high school and college students, recognizing immigration stress as a valid reason to request extensions can prevent them from falling further behind. 

These measures may seem small in the face of the severe threat and fear that students are facing. However, they can offer a beacon of hope, letting families know they are not alone and bolstering their ability to cope with and navigate these threats.

The families in recent news stories could have easily been mine. My oldest child was born into a mixed-status family. Her father, my husband, was undocumented until he gained permanent residency when she was 2 months old. That change was the result of complex immigration policies that worked in our favor. Ten years later, my daughter’s biggest concern is which backpack fits with her style — not whether her dad will be there to meet her at the bus stop. 

Outdated federal immigration policies block many undocumented and mixed-status families from achieving the security my family enjoys. To protect the next generation, we need immigration policies that do not disappear undocumented immigrants and traumatize U.S. citizens. State, local and institutional policies can help combat ongoing threats, but ultimately, we need federal action to create a humane and accessible pathway to legal status.

The next generation shouldn’t grow up fearing a knock on the door. It’s time for policies that keep families together and children safe. 

MORE ABOUT...

Laura E. Enriquez

Laura E. Enriquez is an associate professor of Chicano/Latino studies at the University of California, Irvine. She is the author of the forthcoming book “Family Legal Vulnerability: How Immigration Policy Shapes the Lives of Latino College Students.” 

EdSource is California’s largest journalism organization focused on education. EdSource believes that an informed, involved public is necessary to strengthen California’s education institutions, improve student success and build a better workforce.

Deportation: Guardianship for Minor Children, Power of Attorney and What Schools Can Do to Help

Source: Shawn Thew / EPA/ LA Times

By Sam Piha

Regardless of immigration status, parents should understand the importance of guardianship for minor children and a power of attorney document. 

Guardianship 

“What is Guardianship? Guardianship of minor children allows one person to make decisions on the children’s behalf. Under guardianship, control is relinquished from a biological or adoptive parent to another person on a temporary or permanent basis.  Usually, a minor’s guardian is appointed upon incapacity, disability, or death of the legal parent.

There are three different types of guardianship: informal guardianship, temporary legal guardianship, and permanent legal guardianship. Depending on the type of guardianship, powers consist of one or more of the following:

1. Assuring the maintenance and care of another person
2. Making financial, medical, and educational decisions
3. Reporting to the court about the guardianship status on an annual basis.” [i] 

“You should think about who will care for your children if you are detained or deported. This is an essential part of safety planning. However, not everyone will need a court-appointed legal guardian. You should be aware that a guardianship will give the guardian the right to make decisions concerning your children, including whether to allow your children to see you. It may be difficult to terminate a guardianship if you change your mind. You should consult with an attorney before seeking a guardianship. 

Power Of Attorney (POA)

A Power of Attorney document is a written document that grants a designated person (your “Agent”) authority to act on behalf of the person giving the POA in some matters. The authority of the Agent may be broad or limited and may allow decisions regarding finances, medical treatment, and/or property. A POA is not a standardized, “one size fits all” form. POAs are not guardianships and an Agent who has authority under a POA is usually not authorized to care for or make decisions on behalf of one’s children.

Not everyone needs a POA. Each person should consider whether a POA is right for them based on their individual circumstances. A POA may be useful because it can be used to allow a trusted friend or family member to access your bank account. If you do not have a bank account in the United States or other substantial financial assets, there may not be a compelling reason to complete a POA. Many banks allow customers to manage their accounts from outside the United States, so if someone is deported, they will generally be able to access their resources from abroad.” [ii]

Source: Wellpoint Care Network

What Schools and Educators Can Do to Eradicate Fear 

According to Kayla Lee, “Although the ICE has a 'Sensitive Locations' policy stating that it generally will not conduct enforcement actions at or near schools, the series of raids—especially those that picked up children en route to school—are causing families to doubt their safety within their own communities. 

The Los Angeles Unified School District, or LAUSD, voted to prohibit ICE officers from entering school campuses until they have contacted school officials for approval. Additionally, Steve Zimmer, LAUSD school board president, presented a resolution to the school board forbidding the presence of ICE officers on campus until the LAUSD superintendent and lawyer’s office make the decision to allow it. The resolution also gives the superintendent 90 days to come up with a plan to provide assistance, information, and safe havens for students and families faced with fear and anxiety over immigration enforcement efforts. School officials’ actions are important to the protection of unauthorized students and families. According to LA School Report, an unauthorized mother who spoke to LAUSD said that she felt ‘relieved knowing that they can now go to school for help.’ 

Schools in Prince George’s County, Maryland, have implemented policies to make clear the conditions under which law enforcement officers can interview or detain children on school grounds. The CEO of Prince George’s County Public Schools wrote an open letter to the U.S. Department of Homeland Security in which he expressed his concern for immigrant students who are experiencing fear and anxiety over the recent deportations. 

Beyond policies that bar ICE officials from campuses, educators can also allay the fears of students and their families by establishing best practices to provide support and guidance.” [iii]

“The protection of the right to K-12 education for all children established in Plyler v. Doe helps educators create safe environments for immigrant students where they can achieve their full potential. High-quality education is a critical, long- term investment for all children in the United States, and it cannot exist when school attendance is limited by fear.” [iv]

Kayla Lee concludes, “All students are more likely to succeed when their communities come together to protect them. Schools and communities—especially those with high unauthorized immigrant populations —across the United States should follow the examples of Durham, LAUSD, and Prince George’s County and create safe spaces for their students.” [v]

For a full briefing paper on countering the threat of deportation, click here.

END NOTES:
[i] A People’s Choice, Types of Guardianship for Minor in California
[ii] National Immigrant Justice Center, Guardianship & Power of Attorney
[iii] Kayla Lee, How Educators and Communities Can Reduce the Fear of Deportation Among Unauthorized Students and Families
[iv] IBID.
[v] IBID.

Deportation: Things Immigrant Families Can Do Now to Protect Loved Ones

Top Left: American Immigration Council, Top Right: The Hill,
Bottom Left: VCG/Qian Weizhong, Bottom Right: KERA News.

By Sam Piha

Create A Safety Plan 

Many immigrant family advocates suggest that immigrant families, regardless of status, should create a safety plan in case family members are taken into custody by ICE. The safety plan can be shared with parents. The National Immigrant Justice Center provides steps for creating this plan below.

• “Identify your emergency contacts and list and memorize their phone numbers. 
• Provide your child’s school or day care with an emergency contact to pick up your child.  
• Provide authorization in writing for your emergency contact to make medical and legal decisions for your child. 
• Tell your loved ones that if you are detained by ICE, they can try to use ICE’s online detainee locator to find you: https://locator.ice.gov/odls/#/search.” [i]

“Right now, we haven’t made a plan because you don’t want to accept it, but I don’t know,” she said. ‘It would probably be good to make a plan, but sometimes you just don’t want to accept it yourself. She asked me, ‘What if they take you while I’m in class? Who will pick me up? Where will I go?’” [ii]

Mobilization for Justice advises, “The simplest way to plan for your child’s care is by filling out a Parental Designation form. Contact MFY Legal Services for a sample parental designation form. This form gives another person temporary authority to help your child get medical care, enroll in school, and get public assistance. 



• You choose the person. It can be any person you trust to care for your child. You and the person both have to sign the form. 
• You are not required to go to Family Court. You do not give up any rights over your child by filling out a Parental Designation form, and you can revoke it at any time. 
• The form is valid for six months if it is notarized. It is only valid for one month if it is not notarized. You can re-sign the form as many times as needed. 
• If your child has special medical needs, or if the other person will be caring for your child indefinitely, the person designated may need to go to Family Court to get a legal order for Custody or Guardianship. Additional information on Custody and Guardianship may be found on the “Caregivers/Relatives” side of this guide. Please contact Mobilization for Justice for more information about this.

Update emergency contact information at your child’s school. Add contact information for adults who can pick up your child if you become unavailable. Also update the emergency contact information with your child’s doctor, school bus, and after school programs. 

Make copies of your child’s important documents. Leave copies with an adult who will be able to care for your child if you are deported or unavailable to care for them.” [1]

Also, Mobilization for Justice advises immigrant families to:

• “Seek A Legal Consultation: With private attorneys: Call the American Immigration Lawyers Association at 1-800-954-0254 for a referral. With nonprofit organizations that employ U.S. licensed attorneys or Department of Justice accredited representatives: A list of these organizations can be found at Immigration Advocates Network.
• Collect Your Documents in A Safe Place: Keep your identity information and financial information in a safe location. Gather documents showing the length of time you have been in the United States; the most recent two years are most important. This can include U.S. income tax returns, utility bills, leases, school records, medical records, bank records, or other documents. Make sure your emergency contact can access all of these documents. Read and practice NIJC’s guidance on what to do if you encounter ICE in your community.
• Avoid Immigration Fraud: Only seek legal advice from an attorney or an accredited representative at a Department of Justice-recognized nonprofit organization. Lawyers must have a license from a U.S. state to practice law. Ask to see their law license. Law licenses from other countries do not authorize the practice of law in the United States.  Accredited representatives must be accredited and work for a nonprofit agency recognized by the Department of Justice. Ask to see their accreditation documents. Never sign an application with false information and never sign a blank form. Ask for copies of everything you sign. 

If the advice sounds too good to be true, get a second opinion before filing an immigration application. Read NIJC’s full guidance on how to avoid immigration fraud. 

• Be Alert for Digital Scams: Be skeptical of social media posts promising new or quick immigration relief. The U.S. government (including Department of Homeland Security, U.S. Citizenship and Immigration Services, Immigration and Customs Enforcement, and State Department) will never contact you via WhatsApp or social media. With limited exceptions, such as people who are released from detention and told they must check in with ICE via telephone, the U.S. government generally does not contact individuals by phone. 

If you receive an unexpected message or phone call from someone who claims they are an immigration officer or other government official, do not respond or share personal information. Do not wire or transfer money to pay a “processing fee” or for any other reason.  If in doubt, consult an attorney or accredited representative before taking any action. Avoid sharing unverified information on social media.

• Know And Defend Your Rights: No matter the immigration status, everyone has rights under the United States Constitution. Know your rights and what to do if Immigration and Customs Enforcement (ICE) comes to your child’ school.” [2] To learn more about your rights, click here.

Source: www.pexels.com

According to the National Immigrant Justice Center, “All persons in the United States have constitutional protections, including the right to remain silent when questioned or arrested by immigration officers. Being stopped by immigration officers or other law enforcement can be frightening, but it’s important to stay calm. During any encounter with law enforcement, it’s important to do the following:

• Stay calm and don’t run, argue, resist, or fight the officer, even if you believe your rights are being violated or you are being treated unfairly. Keep your hands where police can see them, and tell them if you need to reach into a glove compartment or for a wallet to show your papers.
• Don’t lie about your status or provide false documents.
• If you are pulled over in a traffic stop: Ask if the officer is from the police department or immigration. Immigration officers often identify themselves as “police,” but they are not police. Ask if they are from Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP). If they are immigration officers, follow these guidelines about what information to provide.   
• If you are a U.S. citizen or have lawful immigration status: Show your passport, legal permanent resident card, work permit, or other documentation of your status. If you are over the age of 18, you should carry your papers with you at all times.
• If you are undocumented: You have the right to remain silent and do not have to discuss your immigration or citizenship status with the police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court.
• If an officer knocks on your door: Do not open the door. Teach your children not to open the door. Officers must have a warrant signed by a judge to enter your home. ICE “warrants” are not signed by judges; they are ICE forms signed by ICE officers and they do not grant authority to enter a home without consent of the occupant(s).
• If you are outdoors and think you see immigration officers nearby:
• Move to a safe indoor space
• If you are a U.S. citizen and feel safe to do so, record the activity with your phone or write down any relevant information about what you witness—ALWAYS being careful to not interfere or otherwise obstruct the operation

DO NOT:

• Post unverified information on social media
• Interfere with the investigation or otherwise put yourself in harm’s way.” [3]

For a full briefing paper on countering the threat of deportation, click here.

END NOTES:

[1] Mobilization for Justice, Family Plan for Parents Preparing for Potential Deportation
[2] Mobilization for Justice, Know Your Rights: What to Do If Ice Comes To Your School
[3] National Immigrant Justice Center, What “mass deportations” might look like 

Ask Congress to protect 21st CCLC and other youth funding!

"The President proposed a budget that appears to eliminate 21st Century Community Learning Centers (21st CCLC) program. 21st CCLC is the only federal funding stream dedicated to afterschool and summer programs, supporting thousands of local programs across the nation. The proposed Executive Budget also levies enormous cuts on the Department of Education and other agencies that support afterschool and summer programs and the youth and families they serve." - New York State Network for Youth Success  Read Afterschool Alliance's blog here.