California is committed to creating a safe environment. Educators are encouraged to ensure that students who could be harmed by deportation, either themselves or by having a parent or other family member deported, continue to thrive and succeed. A 1982 U.S. Supreme Court ruling,聽聽states that school districts cannot deny students an education based on their immigration status. Safe Havens or 鈥淪anctuaries鈥 are local educational agencies (LEAs), which include school districts, county offices of education, and direct-funded charter schools, that have committed themselves to reassuring students, parents and educators that everyone is welcome on school sites, regardless of immigration status. Definitions of 鈥渟anctuary鈥 vary from district to district, but in most cases it means that school staff will not allow federal immigration agents on campus without a warrant, subpoena or court order. Any request by immigration agents to enter a campus, or obtain information about students, would have to be approved by the superintendent or the school district鈥檚 legal staff.
In December of 2016, State Superintendent of Public Instruction Tom Torlakson encouraging districts to declare themselves 鈥淪afe Havens.鈥澛犅 Friday, September 22, 2017, at CDE headquarters, Torlakson and the California Department of Education hosted a “Beyond Safe Havens” conference at CDE headquarters. A video of the panel discussion, the list of 鈥渟afe haven鈥 school districts and other resources can be viewed at .
As of Sept. 20, 2017, 162 adopted resolutions declaring they are safe havens for the 2.7 million students they serve. About 6 percent of California鈥檚 population are undocumented immigrants (according to Public Policy Institute of California). An estimated 12.3 percent of California鈥檚 K-12 school children have at least one undocumented parent. Resolutions are intended to reassure students and their families that schools will offer welcoming environments and will not pass on information about students鈥 or parents鈥 immigration status to law enforcement authorities. (California has elementary -K鈥8, high -9鈥12, and unified -K鈥12 school districts. While the number may change annually, in California there are聽560 Elementary districts,聽87聽High School districts,聽330聽Unified districts for a total of 977 districts).
Some districts have opted to call themselves 鈥渟afe havens鈥 rather than 鈥渟anctuary districts鈥 to avoid the Trump Administration鈥檚 threats against sanctuary jurisdictions and remain eligible for federal funding. There is virtually no difference between the terms. Additionally in April, 2017, a of two California counties (San Francisco and Santa Clara) that sued the president over the order to withhold federal funding or the authority to force local police to carry out federal immigration laws. The Trump Administration has appealed the ruling.