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Senate panel advances bill to limit immigration enforcement on school grounds
Summary
The Senate Education Committee voted to send AB 49, the California Safe Haven Schools Act, to the Judiciary Committee after hours of testimony from educators, legal advocates and unions urging protections for students and school staff from immigration enforcement near campuses.
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The Senate Education Committee on Thursday voted to refer Assembly Bill 49, the California Safe Haven Schools Act, to the Senate Judiciary Committee after testimony from educators, immigrant-rights lawyers and school officials who said federal immigration enforcement near campuses is deterring attendance and harming students.
AB 49 would require immigration enforcement agents to present a judicial warrant and identification and limit enforcement activity on school grounds except in narrowly defined exigent circumstances. The bill’s author and supporters said the measure would codify existing attorney general model policies and add clarity for school employees about how to respond to immigration officials.
Supporters told the committee that recent actions by federal authorities have chilled participation in school and civic life. “Children cannot learn when they’re under the constant threat of family separation and or deportation,” Brentwood teacher Connie Torres said, recounting lower attendance and funding losses she tied to fears about immigration enforcement. Andres Guerra, managing attorney at the Coalition for Humane Immigrant Rights’ student legal services, described a June incident in which a resident father was arrested outside a middle school and said AB 49 would require agents to produce a signed judicial warrant and identify themselves before making arrests on school property.
Committee members pressed the author on how the bill interacts with Fourth Amendment law and “hot pursuit” or exigent-circumstances doctrine. Assemblymember Marasuchi said the bill’s current language preserves the traditional exigent-circumstances exceptions recognized under the Fourth Amendment and that she and Senate sponsors were negotiating language with stakeholders including Los Angeles Unified and San Diego Unified to ensure school staff are not placed in unsafe positions.
Senators on both sides described the measure as an attempt to balance student safety with law enforcement needs. “This bill is about what the school's obligation is to do,” said Senator Kavalda, adding that the bill does not create a protected sanctuary where officers or impersonators “can or can't come,” but instead clarifies duties for school employees when confronted by agents.
The committee moved AB 49 to the Senate Judiciary Committee on a recorded vote. The committee tally on the measure was 6–1 in favor. Supporters included the California Teachers Association, county superintendents, the Los Angeles County Board of Supervisors and civil-rights and immigrant-advocacy groups; no lead opposition witnesses appeared in the hearing room.
