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Board approves resolution to protect immigrant students from ICE enforcement

San Francisco Board of Education · April 24, 2007
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Summary

The board unanimously adopted a resolution reaffirming Plyler v. Doe protections, directing staff to avoid inquiries into students' immigration status, forward ICE requests to the superintendent/legal office, and notify families in multiple languages.

The San Francisco Board of Education adopted a substitute resolution on April 24 affirming that "all students have the right to attend school regardless of the immigration status of the child or of the child's family members," citing the U.S. Supreme Court's Plyler v. Doe precedent.

Commissioner Marr read the substitute resolution, which clarifies that district personnel shall not inquire about a student's immigration status or require a Social Security number for registration. The policy directs that any request from Immigration and Customs Enforcement (ICE) to visit a school site be forwarded to the superintendent's office for review and that document requests from ICE be handled by the district legal office in consultation with the superintendent.

Supporters at the meeting said the resolution was timely amid recent immigration enforcement actions. Dennis Kelly of United Educators of San Francisco told the board the labor union "applauds this position" and urged swift adoption. Commissioners discussed translation needs and whether staff training could be delivered at existing administrators' meetings; general counsel briefing was referenced as the means to minimize additional cost.

Commissioners amended drafting issues (for clarity of affirmative language) and added language on multilingual parent notification and community consultation. The substitute resolution was adopted unanimously on a roll call vote.

What the policy does and does not do: The resolution directs district practice absent an applicable federal or state law or court order; it affirms parents' and students' eligibility for school services (free lunch, breakfast, transportation, educational services) consistent with state and federal criteria. It does not create an immunity from lawful federal process but routes requests through the superintendent and legal office for review.

Next steps: The board directed staff to translate notification materials for families and coordinate with community organizations (including the Bay Area Immigrant Rights Coalition and the SF Immigrant Rights Commission) on implementation and community outreach.