NEW YORK, NY — With the passage of S.9005B, the Public Protection and General Government bill for the 26-27 NY State Budget, Senator Kristen Gonzalez lauds the comprehensive immigration package passed in the budget, which includes her bill to protect students from immigration enforcement while at school. 

Senator Gonzalez worked on the language in Part LL Subpart D to restrict civil immigration enforcement on non-public areas of school property. 

The bill ensures that children within New York will not be transferred into the custody of immigration officials in the absence of a judicial warrant, and that the foster care placements for these children will recognize the distinct circumstances that bring these children into the system when a parent or caretaker becomes unavailable as a result of immigration enforcement. 

This section of the PPGG bill, titled “Access to Public Education Regardless of Citizenship or Immigration Status,” ensures that:

• No child shall be refused admission into or be excluded from any school in New York due to their or their parent/guardian's perceived or actual immigration status
• Schools and school personnel are prohibited from inquiring about or collecting information about a student or their parents’ citizenship, immigration status, nationality, or country of origin
• Each school is to adopt and implement procedures for handling requests from immigration authorities, including designating an individual to be responsible for reviewing such requests
• Schools are prohibited from transferring a student into the custody of immigration authorities and from granting immigration authorities access to school property unless presented with a judicial warrant. 

Senator Kristen Gonzalez said, “Families should be able to confidently drop their kids off at schools and be assured that their children are protected from unwarranted immigration enforcement. Educators deserve clear legal guidelines and safety procedures to protect students at school in the case their parent or guardian is detained by immigration enforcement. New York has both a legal and moral obligation to protect New York children, especially as the federal government continues to aggressively target immigrant communities.”

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