Because it is our duty and responsibility to provide each child in our District with a high quality public education in a safe and nurturing environment, we have given these directions to the staff at our schools:
- Our staff will not request information or make a record of information on the immigration status of a student or family member. Furthermore, students and families will not be required to provide a social security number for school forms.
- If the Immigration and Customs Enforcement (ICE) agency asks for access to a school or for access to student information, they will be referred directly to the Superintendent or Assistant Superintendent for Educational Services who will refer the matter to the District’s legal counsel.
- Anyone in our schools seeking answers to questions about immigration will be referred to local non-profit immigration law organizations, such as the and the or other recommended resources available below.
Frequently Asked Questions Related to Undocumented Students
This document contains information from the legal team at Fagen Friedman & Fulfrost on frequently asked questions related to undocumented students in California public schools. The information, provided in English and Spanish, is a summary and does not constitute legal advice.
Click here to read the full document in English and Spanish.Â
Local Resources
City of Berkeley Guide to Local Resources and Support
2921 Adeline Street, Berkeley, CA 94703
510-548-4040
Provides free legal services to low-income immigrants on a wide range of immigration issues with a focus on the most vulnerable populations—people with disabilities and chronic illness, members of the LGBTQ community, youth, and existing EBCLC clients struggling with other legal issues.
2362 Bancroft Way, Berkeley, CA 94704
510-540-5296
Offers sanctuary, solidarity, support, community organizing assistance, advocacy, and legal services to those escaping war, terror, political persecution, intolerance, exploitation, and other expressions of violence.
405 14th Street, Suite 500, Oakland, CA 94612
510-451-2846
Helps Bay Area residents determine if they are eligible for immigration relief, and represents them throughout the application process. Services in English, Spanish and Mandarin.
that provide free or low-cost immigration legal services
3400 E. 12th St, Oakland, CA 94601
510-437-1554
Has general immigration clinics as well as specific clinics for DACA applicants, unaccompanied minors, migrant families and detained individuals.
433 Jefferson Street, Oakland
510-768-3100 Thursdays 9am to 12 pm
or
217 Harbour Way, Richmond
510-234-5110 Tuesdays 1pm to 4pm
Provides low-cost immigration services by accredited representatives and licensed immigration attorneys.
Asian Pacific Islander Legal Outreach(Oakland Office)
Address: 1305 Franklin St., Suite 410, Oakland, CA 94612
Phone: (510) 251-2846
Services: Consular Processing, DACA, Employment authorization, Family-based petitions,
Naturalization/Citizenship, Removal defense, T visas, U visas, VAWA petitions
Filipino Advocates for Justice(Oakland Office)
Address: 310 8th St., Suite 308, Oakland, CA 94607
Phone: (510) 465-9876
Website: http://www.filipinos4justice.org
Services: Adjustment of Status, Family-based petitions, Naturalization/Citizenship
Address: 522 Valencia St. San Francisco, CA 94110
Phone: (415) 861-7444Â
Services: Adjustment of Status, Asylum applications, Consular Processing, DACA, Employment authorization, Family-based petitions, NACARA, Naturalization/Citizenship, Removal defense, Special Immigrant Juvenile Status, T visas, Temporary Protected Status (TPS), U visas, VAWA petitions
Address: 101 Callan Ave, Suite 400, San Leandro, CA 94577
Phone:(510) 547-2662
Services: Adjustment of Status, DACA, DAPA, Employment Authorization, Family-based
Petitions, Naturalization/Citizenship
Address: 1832 Second Street, Berkeley, Ca, 94710
Phone:Â (510) 999-3964
Services: Adjustment of Status, Asylum applications, Consular Processing, DACA, Employment authorization, Employment-based petitions, Family-based petitions, Habeas Corpus, NACARA, Naturalization/Citizenship, Removal defense, Special Immigrant Juvenile Status, T visas, Temporary Protected Status (TPS), U visas, VAWA petitions
(In Arabic)Â
Family Preparedness Plans
The Immigrant Legal Resource Center has created Family Preparedness Plans to help families plan ahead for emergency situations, including childcare arrangements in case family members are separated. You can download a plan here.
(Chinese)
Families and students are encouraged to know their emergency phone numbers and where to find important documentation, which will allow you to be prepared in the event that a family member is detained or deported.
- Emergency Contacts
- Birth Certificates
- Passports
- Social Security Cards
- Doctors’ Contact Information
- Medication Lists
- Lists of Allergies
Immigrant Rights and Legal Resources
Print out wallet-sized cards with your rights in , , and
that provide free or low-cost immigration legal services (available in multiple languages)
by Al Otro Lado, email: karina@alotrolado.org.
by American Civil Liberties Union (ACLU) ()
The district is sharing resources provided by local and national organizations doing work in support of immigrant families but makes no endorsement of the content.
Know Your Rights: Interactions with ICE Agents
Undocumented immigrants in the US do have rights when it comes to interactions with ICE (Immigration and Customs Enforcement) agents. Here are some key points to keep in mind:
- Right to Remain Silent: You have the right to remain silent and not answer questions about your immigration status or country of origin.
- Right to an Attorney: You can request to speak with an attorney before providing any information.
- Right to Not Open the Door: ICE agents cannot enter your home without a valid warrant signed by a judge. You can ask to see the warrant before opening the door.
- Right to Not Sign Anything Without Understanding: If presented with any documents, you should not sign them without understanding their contents. You can ask for clarification or seek legal advice.
- Right to Not Be Subject to Unlawful Searches and Seizures: ICE agents cannot search your home or belongings without a valid warrant.
It’s important to stay calm and composed during any encounter with ICE agents and to assert your rights confidently. If you feel your rights have been violated, you can report the incident to organizations like the ACLU or other legal aid groups.
Related ºÚÁÏÍøPolicies and Regulations
- Protección de Estudiantes IndocumentadosÂ
- Protection of Students From Immigrant Families (English and Spanish)
Statements of Support for Immigrants and Undocumented People
- Berkeley School Board Policy (English|·¡²õ±è²¹Ã±´Ç±ô): The right to attend public school regardless of the immigration status
- Berkeley School Board Resolution: All students have the right to attend school regardless of the immigration status or religious affiliation of the student, or the student’s family members
- ºÚÁÏÍøJoins Lawsuit Seeking to Preserve DACA