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Wednesday, January 8, 2025

Bonta issues guidance on educational rights for immigrant students

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Attorney General Rob Bonta | Official website

Attorney General Rob Bonta | Official website

California Attorney General Rob Bonta has issued two sets of guidance to uphold the educational rights of immigrant students and their families. The first set advises immigrant students and their families about their educational rights, such as the right to a free public education and confidentiality of personal information. The second set assists school officials in adhering to state laws that limit participation in immigration enforcement activities.

Attorney General Bonta emphasized the importance of these guidances, stating, “Every child has the right to a free public education, regardless of their immigration status.” He noted concerns regarding potential changes in immigration policy with the incoming administration and stressed that schools have responsibilities under state law to protect all students' rights and safety.

The guidance for immigrant students includes several key points:

- All children are entitled to equal access to free public education, irrespective of immigration status.

- Schools must accept various documents as proof of age or residency without retaining copies.

- Federal and state laws require written consent from parents before releasing student information unless for specific purposes like court orders.

Additionally, previously issued guidance highlights other rights immigrants hold under California law. These include the right to housing without disclosing immigration status (except for federal affordable housing), emergency medical care access, legal representation if arrested or detained by ICE, and protection from inquiries about immigration status by law enforcement.

Bonta also provided advice on avoiding immigration scams. He urged individuals seeking legal help with immigration relief to use legitimate organizations and warned against hiring unauthorized consultants or notaries who cannot provide legal advice.

Guidance was also released for public institutions on limiting support for immigration enforcement activities. This includes model policies for various California institutions such as healthcare facilities, schools, courts, libraries, shelters, and more.

For those needing assistance or wishing to report violations or discrimination related issues can reach out through specified channels provided by the Department of Justice and Civil Rights Department.

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