We know this question is heavy. Here is the honest answer and what it means for your child. This is general information, not legal advice.
Can ICE come to a school at all?
Yes. For years, federal policy told immigration officers to avoid schools in most cases. On January 20, 2025, the Department of Homeland Security canceled that policy. ICE now says officers decide case by case (ICE protected areas page, checked October 19, 2026).
So there is no federal rule that keeps agents away from schools. That part is hard. But the school itself is not powerless, and neither are you.
Can agents walk into classrooms?
Not just because they ask. California's rules are in Education Code section 234.7, made stronger on January 1, 2026 by AB 49 and AB 495. Under these rules, school staff may not let an immigration officer into areas closed to the public, like classrooms and offices, for any purpose unless the officer has a valid warrant signed by a judge, a judicial subpoena or a court order (Attorney General guidance).
Staff will not physically block an officer. If an officer says it is an emergency and demands to come in right away, the Attorney General tells staff to comply and call the principal or district at once. Then they write down everything that happened.
These rules cover nonpublic areas of the school. The law does not mention public streets or sidewalks near a school, so plan for drop off and pick up too.
Public and charter schools only. Section 234.7 binds staff of school districts, county offices of education and charter schools. It does not mention private schools. If your child goes to a private school, ask the school for its policy in writing.
Can ICE question or take my child?
Your child cannot be questioned without you. School staff must get consent from a parent or guardian before an immigration officer interviews or searches a student. The only exception is a valid warrant signed by a judge or a valid court order.
You must be told. The school must tell you right away if an officer asks for access to your child for immigration enforcement, or gets it. The only exception is when a judge's warrant or court order says the school may not. If the school releases a student to a law enforcement officer, it must tell the parent right away too.
Can ICE get my child's school records?
Not without a judge. Staff may not give student records or family information to immigration officers without a judicial warrant, judicial subpoena or court order. An ICE administrative warrant does not let officers search school records. School directory information cannot include national origin, citizenship or immigration status.
The school also may not collect your family's citizenship or immigration status, except where the law requires it. So there should be nothing about your status in the file to share.
Will the school warn parents?
Every K to 12 school must have a plan. A 2025 law, SB 98, requires school safety plans to say how the school will notify parents, guardians and staff when immigration enforcement is confirmed on campus. Plans had to include this by March 1, 2026.
Ask your school: "How will you tell parents if agents come? Is my phone number right?"
What can I do this week to be ready?
You cannot control what agents do. You can make sure your child is never left without a trusted adult.
- Update the emergency card. Add two adults who can pick up your child. Make sure the school has your current phone number.
- Think about a Caregiver's Authorization Affidavit. This California form lets a trusted adult enroll your child in school and agree to school related medical care. It is not filed with a court and does not need a notary. You do not have to sign it, and you can cancel it at any time. A relative can also make other medical decisions (California Courts self help). Use the current form, revised January 1, 2026. It stops working if your child stops living with that adult.
- Talk with your child, calmly. Use simple words. For example: "If someone you don't know asks you questions at school, you can say, 'I want my mom or dad,' and stay with your teacher." Do not ask your child to lie or hide.
- Ask the school two questions. "How will you tell parents if agents come?" and "Who can pick up my child if I can't?"
- Make a full family plan. See Make a family preparedness plan.
For anything bigger, like who would care for your child for a long time, talk to a lawyer or a DOJ accredited representative. Free help is listed below.
School readiness checklist
- Emergency card updated with two trusted adults
- School has my current phone number
- Caregiver's Authorization Affidavit filled out and a copy given to my caregiver
- I talked with my child about what to do and say
- I asked the school how it will notify parents
- I saved these numbers in my phone: my county rapid response line, a legal clinic, the Bureau of Children's Justice (800) 952-5225
From Can ICE come into school. Facts checked October 21, 2026. Free information, not legal or medical advice.
Does my child still have the right to go to school?
Yes. Every child in the U.S. has the right to a free public education, whatever their status or yours. The Supreme Court said so in Plyler v. Doe (1982), and it is still the law. Schools may not ask for immigration papers or a Social Security number to enroll a child. See Every child can go to public school.
What if the school does not follow the rules?
Write down dates, names and what happened. Ask the district for its written policy. Then contact the California Attorney General's Bureau of Children's Justice: (800) 952-5225, BCJ@doj.ca.gov, or oag.ca.gov/bcj/complaint. If your child was questioned or your information was shared, get legal help.
Who can help?
Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.
- San Mateo County Rapid Response Hotline: (203) 666-4472, 24 hours
- Santa Clara County Rapid Response Network: (408) 290-1144, 24 hours
- Community Legal Services in East Palo Alto: (650) 326-6440
- California Attorney General, Bureau of Children's Justice: (800) 952-5225
- More: Free legal help in the Bay Area
Only an attorney or a DOJ accredited representative can give you legal advice about your case.
Related questions
- What can parents do to protect their kids at school?
- What should schools do if ICE comes?
- What protections do immigrant students have in California schools?
School is still a place where your child belongs. The law in California stands with them, and a plan made today keeps them safer tomorrow.
Sources
- U.S. Immigration and Customs Enforcement, Protected areas checked October 19, 2026
- California Attorney General, Model K to 12 school guidance on immigration enforcement checked October 19, 2026
- AB 495 (2025) bill text (LegiScan copy) checked October 18, 2026
- California Education Code 234.7 (california.public.law mirror) checked October 21, 2026
- California Attorney General, SB 98 bulletin checked October 18, 2026
- California Attorney General, Bureau of Children's Justice complaint form checked October 18, 2026
- Federal Trade Commission, How to avoid immigration scams checked October 18, 2026
- Plyler v. Doe, 457 U.S. 202 (1982) (Justia copy) checked October 18, 2026
- California Attorney General, Know your educational rights (Appendix G) checked October 18, 2026
- San Mateo County, Rapid response checked October 19, 2026
- Community Legal Services in East Palo Alto, Contact checked October 18, 2026
- Education Week, May 2026 report (news) checked October 18, 2026
- California Courts Self Help, Options other than guardianship checked October 18, 2026
- California Courts, Caregiver's Authorization Affidavit (revised January 1, 2026) checked October 18, 2026
