This page is for the adults who run schools and child care programs in California. It is general information, not legal advice. Your district or agency lawyer has the final word on your policy. For what parents and students can do, see Can immigration agents come to my child's school?
Can immigration agents come to a school or child care center?
Yes. Plan for it. On January 20, 2025, the Department of Homeland Security canceled the older federal guidance that kept enforcement away from schools and other "protected areas." ICE now decides case by case (checked October 19, 2026, on ice.gov).
That federal change does not erase California law. State law still controls what your staff may share and where agents may go without a judge's paper.
What does California law require of my school?
If you are a public school district, county office of education or charter school, these rules apply to you (California Attorney General K to 12 guidance, law current as of January 1, 2026):
| Rule | What it means for you |
|---|---|
| Nonpublic areas | Staff may not let an immigration officer into a nonpublic area for any purpose unless the officer shows a valid judicial warrant, judicial subpoena or court order. |
| Records and information | Staff may not give out student records, information about a student's family or household, or information about teachers and employees without a judicial warrant, judicial subpoena or court order. That includes a student's home and travel schedule. |
| Student interviews | Get a parent's or guardian's consent before an officer enforcing civil immigration law interviews or searches a student, unless the officer has a warrant or court order signed by a judge. |
| Telling parents | Tell the parent or guardian right away if an officer asks for or gets access to a student for immigration enforcement, unless a judicial warrant or court order says not to. If a student is released to any law enforcement officer, including ICE, to be taken from school, tell the parent right away. |
| Safety plan | Your comprehensive school safety plan must include steps to notify parents, guardians, teachers, administrators and staff when the school confirms immigration enforcement on campus (SB 98, Education Code 32282). The deadline was March 1, 2026. |
| Policies | Your board policies had to match Education Code 234.7 by March 1, 2026. You must post the Attorney General's "Know Your Educational Rights" sheet in your offices and on your website. |
| Reporting | The superintendent or designee reports to the governing board. The Attorney General asks you to email BCJ@doj.ca.gov about any attempt to reach a school or student for immigration enforcement. |
What should staff do the moment agents arrive?
Follow these steps in order. They come from the Attorney General's K to 12 model response; the child care guide is nearly the same.
- Stay calm and polite. Say: "I need to get direction from our administrator first." You only skip this if the officer says there is an emergency (see below).
- Call the administrator you named in your policy. Then your legal counsel, if you can reach them.
- Ask for identification. Write down the officer's name, badge number and agency, and the phone number of their supervisor.
- Ask why they are here. Write down the answer.
- Ask for the paper that gives them the right to enter or to get information. Make a copy of every page they hand you.
- Respond based on the paper. See the next section.
- Do not consent to entry into nonpublic areas or a search. Say it out loud: "I do not consent." Do not physically block an officer, even if you believe they are breaking the law.
- If they go in anyway, do not touch or stop them. Write down what they do. If you safely can, have a staff member walk with them.
- Write notes right away: names, badge numbers, which staff were there, what was asked, what paper was shown, what you said and did, and what happened next.
- Hand your notes and copies to your counsel or designated official, who reports to the board. Then report as described in Who do I report to afterward?
The child care guide adds: if you doubt an officer's identity or fear for safety, you may call local police.
How do I tell which paper they have?
The name on top and the signature at the bottom tell you most of what you need. For pictures and more detail, see How to tell an ICE warrant from a judge's warrant.
| Paper | Who signs it | What to do |
|---|---|---|
| ICE administrative warrant (Form I-200 or I-205) | An immigration officer, not a judge | It does not let agents into nonpublic areas or into your records. It is not a "court order" under FERPA or Education Code 234.7. Do not consent. |
| Administrative subpoena | An immigration officer | You do not have to hand anything over on the spot. Accept it, call counsel and wait for instructions. |
| Federal judicial warrant | A U.S. District Judge or Magistrate Judge | You usually must comply. Call counsel first if you can. |
| Federal judicial subpoena or court order | A federal court | Call counsel right away. Your agency can challenge it in federal court. Under FERPA, you generally must try to tell the parent before you release records, with narrow exceptions. |
Not sure? Copy it and call counsel.
What if they say it is an emergency?
If an officer says there are exigent circumstances (an emergency) and demands to come in now, the Attorney General's guidance says to comply and immediately contact the superintendent or administrator. Then document everything as soon as you can. This is the one situation where you do not wait for the administrator first.
Can agents talk to a student or take a child?
Not without a parent's consent, unless the officer has a warrant or court order signed by a judge. If a judge's paper requires you to release a student, follow your counsel's direction, and tell the parent right away unless the order forbids it.
If a parent is detained during the day, California law requires schools and licensed child care to follow the parent's emergency contact instructions first. Up to date emergency cards matter. Families can also use the Caregiver's Authorization Affidavit and should have a family preparedness plan.
What do I tell parents, and when?
About one child: tell that child's parent or guardian right away when an officer asks for or gets access to the child, unless a judge's order says not to.
About the whole school: when your school confirms immigration enforcement on campus, follow the notice steps in your safety plan. The notice goes to parents, guardians, teachers, administrators and staff. It cannot include personally identifiable information. It may include a link to resources on educational rights, privacy and counseling. Think about student and staff safety when you choose the timing and wording.
Neither the law nor the Attorney General's bulletin defines what "confirms" means. Work out that standard with your counsel and write it into your plan now, so no one has to guess in the moment.
Who do I report to afterward?
- Public schools: the superintendent or designee reports to your governing board. Email the Bureau of Children's Justice at BCJ@doj.ca.gov about any attempt to reach your school or a student for immigration enforcement. You can also use the Bureau's complaint form.
- Licensed child care: you must report requests for information or access for immigration enforcement to the Attorney General and the California Department of Social Services. Use the Attorney General's online report. It asks for the date and time of the first request, what kind of request it was, whether anyone entered, and whether children were there. You can upload up to five documents the officer gave you. Do not include personal information about staff, children or families. After you submit, download or print a copy and email it to the Department of Social Services at ccp495reporting@dss.ca.gov. State preschool programs that are exempt from licensing may report too; they send their copy to earlyeducation@cde.ca.gov. If the event threatened a child's health or safety, it may also be an unusual incident that you report to the Department of Social Services and the child's authorized representative.
- License exempt state preschool run by a school district: you may report to the Department of Education and the Attorney General, but you are not required to.
What if we are a child care center or preschool?
The Family Preparedness Plan Act (AB 495) added duties for child care starting January 1, 2026. The Attorney General's April 2026 guide spells them out:
- Do not collect citizenship or immigration information, or Social Security numbers, unless a law or a state or federally funded program requires it. Collect the least information you need.
- Ask families to review and update emergency contacts. If a parent cannot be reached, follow the parent's instructions first.
- Report every immigration enforcement request for information or access (licensed facilities, see above).
- Adopt the model policies. State preschool programs, licensed or license exempt, had to adopt them or equal policies by July 1, 2026. Other licensed providers are encouraged to adopt them. Every provider must make sure what it tells families matches the model policies, and tell families where to find them.
- Nonpublic areas: do not consent to entry or a search. An ICE administrative warrant does not let agents search your records. Programs run by a school district, county office or charter school must not admit agents to nonpublic areas without a judicial warrant, judicial subpoena or court order.
- Staff records: do not voluntarily let agents see employee records without a subpoena or judicial warrant, unless federal law requires it.
What should we set up before anything happens?
- Name a point person and a backup for every site and every shift.
- Mark public and nonpublic areas on a floor plan and with signs, so staff know exactly where agents may not go without a judge's paper.
- Train front desk staff with the script on the card below. Practice it once a semester.
- Keep counsel's number at every front desk.
- Write your SB 98 notice ahead of time, with your resource link, so you only add the date, time and place.
- Refresh emergency cards with families at the start of each year and after any move.
- Share resources with families: the Know Your Educational Rights sheet, free legal help, or host a family preparedness workshop.
What mistakes should we avoid?
- Letting an agent "just take a quick look" in a classroom. That is consent.
- Treating an ICE form as a judge's warrant because it says "warrant."
- Touching, blocking or arguing with an officer.
- Posting names or photos in your community notice.
Questions directors ask
Are private schools covered? Not by the Education Code rules on this page. Education Code 234.7 applies to school districts, county offices of education and charter schools. A private school can still choose not to consent to entry where the law allows. Ask your own lawyer to help you write that policy.
Our students are scared. What helps? Keep routines steady and connect kids to counselors. Share How to help your children when they are afraid of immigration raids with families.
What about colleges? Campuses have separate rules. See Can ICE get my college records?
Who can help?
You do not have to figure this out alone. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.
- Your district or agency legal counsel: your first call for any paper an officer hands you.
- California Attorney General, Bureau of Children's Justice: (800) 952-5225, BCJ@doj.ca.gov
- San Mateo County Rapid Response Hotline: (203) 666-4472, 24/7, for families when someone is detained
- Santa Clara County Rapid Response Network: (408) 290-1144, 24/7
- Community Legal Services in East Palo Alto: (650) 326-6440, for families who need immigration legal help
- Legal Aid Society of San Mateo County: (650) 558-0915
DNLH is not a law office. Only a lawyer or a DOJ accredited representative can give legal advice. To report or document activity in the neighborhood, see Report ICE activity.
Is there a card for the front desk?
Yes. Print it, tape it by the phone, and walk through it with every new staff member.
Front desk card: if immigration agents arrive
Stay calm. Be polite. Do not touch or block anyone.
- Say: "I need to get direction from our administrator first."
- Call: Administrator ____________ Backup ____________ Counsel ____________
- Ask for and write down: name, badge number, agency, supervisor's phone.
- Ask: "Why are you here?" Write the answer.
- Ask: "May I see your paperwork?" Copy every page.
- Check the signature:
- Signed by an immigration officer (Form I-200, I-205, or a subpoena): do not consent. Call counsel.
- Signed by a federal judge: call counsel. You usually must comply.
- Say: "I do not consent to you entering nonpublic areas or searching."
- If they say it is an emergency, let them in and call the administrator right away.
- Keep children with staff in a nonpublic space. No interview without a parent's consent or a judge's order.
- Write notes now: who, what, when, which paper, what was said.
Never share a student's or staff member's address, schedule, records or family information without a judge's paper.
Report: BCJ@doj.ca.gov (schools) or oag.ca.gov/ab495/reporting (licensed child care).
From School and Child Care ICE Response. Facts checked October 21, 2026. Free information, not legal or medical advice.
We know this is heavy work. Being ready is how you keep children safe and calm.
Sources
- California Attorney General, Guidance and Model Policies for K to 12 Schools (updated December 2025) checked October 19, 2026
- California Attorney General, Promoting Safe Early Childhood Education for All (April 2026) checked October 19, 2026
- California Attorney General, AB 495 reporting form for child care checked October 21, 2026
- Education Code 234.7 (California Public Law mirror; who is bound, nonpublic areas) checked October 21, 2026
- California Attorney General, press release on child care guidance (April 1, 2026) checked October 19, 2026
- California Attorney General, SB 98 bulletin (Education Code 32282 and 66093.3) checked October 19, 2026
- California Attorney General, Know Your Educational Rights (December 2025) checked October 18, 2026
- California Attorney General, Bureau of Children's Justice checked October 18, 2026
- AB 495, Family Preparedness Plan Act of 2025, chaptered text checked October 18, 2026
- U.S. Immigration and Customs Enforcement, Protected Areas and Courthouse Arrests checked October 19, 2026
- County of San Mateo, Rapid Response checked October 19, 2026
- Sacred Heart Community Service, Rapid Response Network (Santa Clara County) checked October 19, 2026
- Community Legal Services in East Palo Alto, Contact checked October 18, 2026
- Legal Aid Society of San Mateo County, Programs checked October 18, 2026
