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SFUSD board backs amended resolution urging city to protect due process for undocumented youth
Summary
The San Francisco Unified School District Board approved an amended resolution urging the City and County to respect due-process protections for undocumented youth and to limit reporting of students’ immigration status to federal authorities except as required by law. The move followed hours of public testimony from parents, legal advocates and students.
The San Francisco Unified School District Board on Tuesday voted to approve an amended resolution urging the City and County of San Francisco to respect due-process principles for undocumented youth and to limit use of city resources in immigration enforcement.
Vice President Jane Kim read the resolution for the record, citing San Francisco Administrative Code chapter 12H — the city’s sanctuary ordinance — and a reported new juvenile-probation referral practice that has led to referrals of youth to Immigration and Customs Enforcement. The resolution, introduced by Vice President Kim and carried by co-sponsors, was amended during board debate to replace language that would have “condemned” city reporting with language encouraging the city to “respect due process principles for our youth.”
The change followed more than an hour of public comment from family members, community groups and attorneys. Angela Chan of the Asian Law Caucus told the board that “San Francisco has referred about a 160 youth to immigration, for deportation since last year,” and urged adoption of the amendment to restore procedural safeguards for young people before juvenile probation refers them to ICE. Other speakers described family separations and asked the board to press the Board of Supervisors to support proposed ordinance changes that would restore due-process protections for youth in juvenile court.
Board members debated precise wording and legal implications before agreeing to the edits. Several commissioners emphasized the district’s duty to protect student access to education, citing Plyler v. Doe, the U.S. Supreme Court decision guaranteeing free public education regardless of immigration status. Legal counsel worked with advocates on language to ensure the resolution urged the city to restore due process while recognizing the district’s cooperative relationship with city agencies.
As amended, the resolution also expressed support for a supervisors’ amendment introduced by Supervisor David Campos (08/18/2009) that would restore additional due-process protections in juvenile justice referrals. Following roll-call, the board approved the amended resolution.
The board did not direct specific punitive measures against city departments; instead it urged the City and County to “cease and desist in any action that might serve to chill access to public education” and called on members of the Board of Supervisors to support the proposed amendment.
