Most children in California public schools are US citizens, born in the U.S.A. to parents who are also US citizens. But immigration is a big part of the story of California’s schools.

Many school families in California include a mix of U.S. citizens, authorized residents and unauthorized ones. This lesson focuses on California's undocumented students, including the available facts and estimates, the relevant policies and their impact on children.

Who are California’s unauthorized children?

The 14th amendment of the US Constitution establishes that anyone born in the United States is a US citizen. Adopted in 1868 during the Reconstruction era following the Civil War, it is of vital importance in the education system.

The U.S. Census Bureau is in the business of understanding America’s population. Most estimates of authorized and unauthorized immigration originate from close interpretation of responses to the bureau’s surveys using IPUMS, the world’s largest database of individual microdata. In 2024, the Urban Institute used it to develop an excellent tool to explore 2022 survey microdata. It’s cutting-edge social science… and it has to be taken with a grain of salt. After all, the source of the data is a friendly person with a clipboard asking personal questions. The responses are the best data available, but might not necessarily be true.

Family and personal documentation status is a serious concern for about a fifth of California students.

Drawing on this data, in 2024 the Urban Institute concluded that about 3.4% of California children aged 5-17 (236,000) don’t have authorized status and another 16.2% (1,138,000) are U.S. citizens who live in a family where no parent has authorized status. Overall, about a fifth of California students live in a family where immigration status affects them.

Other researchers, drawing from the same data, reach somewhat different estimates, but the main point is that documentation is a serious concern for many, many California families. Families that include some undocumented persons are described as having mixed immigration status. Afraid of being noticed (and perhaps deported), these families disproportionately avoid applying for government-provided aid for their children, such as housing and health care.

In California, students who have undocumented status (or whose family has mixed immigration status) tend to be bilingual or multi-lingual. Most have roots in Mexico or Central America, often from communities where a language other than Spanish is spoken. Perhaps a quarter of students who might worry about their family’s immigration status speak an Asian language.

Can undocumented students legally attend public school in California? Yes, they must!

In California, all kids must go to school, regardless of their paperwork.

Citizenship status is not a condition for enrollment in California K-12 schools. In 1982, the US Supreme Court ruled 5 to 4 in Plyler v. Doe that immigration status may not serve as a condition for enrollment in American public schools. Access to public education in California is open to all resident students, regardless of immigration status.

California law requires kids to attend school, regardless of their paperwork.

California has made efforts to ensure that schools are safe places for students, including undocumented students. In 2017, the California Values Act required that public schools limit the assistance they provide to immigration enforcement officials. Many districts have taken this a step further and established themselves as safe havens or sanctuary schools, with varying meanings. For example, many will not allow federal immigration agents on their grounds without a warrant.

In 2021, the federal government strained to provide housing for unaccompanied minors in California as the number of new arrivals surged. In San Diego, for example, teachers volunteered to educate new students housed at the San Diego Convention Center. Many of these children lost years of school. Newcomer schools, specially designed for new immigrants, were developed around the state. Additionally, the state-funded California Newcomer Education and Well-Being (CalNEW) program provided newcomer students, English learners, and immigrant families resources for basic needs, family engagement in the school community, and academic and linguistic support for students.

What laws protect undocumented students?

Fear of deportation can make unauthorized families reluctant to bring their children to school. To reduce this dilemma, California law protects student information from being delivered to federal immigration enforcement authorities. The California Department of Education advises local school districts that:

• "State and federal laws prohibit educational agencies from disclosing personally identifiable student information to law enforcement, without the consent of a parent or guardian, a court order or lawful subpoena, or in the case of a health emergency.
• Districts must verify a student’s age and residency, but have flexibility in what documents or supporting papers they use. They do not have to use documents pertaining to immigration status.
• To determine age, for example, an LEA [education jargon for a school district or charter school] can rely on a statement from a local registrar, baptismal records, or an affidavit from a parent guardian or custodian.
• To determine residency, an LEA can rely on property tax receipts, pay stubs, or correspondence from a government agency."

What is the DREAM Act?

In 2001 and subsequent years, Congress considered federal legislation to create a path to citizenship for immigrants who were brought to the U.S. as children without documentation. As of 2024 it has not passed.

Can undocumented students attend college in California?

Yes. Citizenship is not a condition for enrollment in California's system of community and four-year colleges. Undocumented students who are residents of California may attend California public colleges at resident tuition rates, a policy established in 2001.

In 2022, (the most recent year for which data were available in December 2024) 407,899 undocumented students were pursuing postsecondary education in the US, about 2% of the national total. The rate was somewhat higher in California: 86,805 undocumented college students comprised about 3% of the state total. For up-to-date advice for undocumented students attending college, readers can look to the National Immigration Law Center, The California School Boards Association, and EdTrust-West.

What is DACA?

If they are enrolled in college, many students who came to the US as children without documentation have protections from deportation under the Deferred Action for Childhood Arrivals (DACA) policy. DACA also makes these students eligible for work permits.

The DACA program has been a political football. After an attempt to pass the DREAM Act failed, the Obama administration created the DACA policy using an executive order. In his first administration, President Trump tried to cancel the program, also by executive order. The question worked its way up to the Supreme Court, which upheld DACA in 2020 in a complex, narrow ruling. In 2022, President Biden extended the program. In 2024, Donald Trump campaigned partly on a pledge to end it.

By removing the risk of deportation, the DACA program created an incentive for undocumented students to pursue college. According to a 2019 survey, a robust 93% of respondents currently in school said that because of DACA, “[They] pursued educational opportunities that [they] previously could not.” In 2022, 67.6% of students said the same, and 43% of respondents reported already having earned a bachelor’s degree or higher.

DACA is complicated, and not all undocumented students are DACA-eligible. For example, applicants must have arrived in the U.S. before June 15, 2007. The number of students pursuing college through this program is waning. In 2021, 141,000 DACA-eligible students enrolled in higher education; however, in 2022, the number of DACA-eligible students dropped to 119,000.

What is the California DREAM Act?

Signed by then-Governor Brown in 2011, the California DREAM Act eased access to college for undocumented students in California. The law allows undocumented residents of California to receive state financial aid such as Cal Grants to help cover their college costs. The law also allows public higher education institutions in California to provide scholarships and other aid under specific guidelines. In 2021, California law (Assembly Bill 132) began requiring high school seniors to fill out either the Free Application for Federal Student Aid (FAFSA) or the California Dream Act Application (CADAA). As a result, use of the CADAA went up, reaching more students.

California college policies regarding undocumented students frequently differ from federal policies. For example, federal rules exclude undocumented students from federal financial aid, student loan programs, and work-study programs.

Public opinion about immigration

The Pew Hispanic Center provides many useful surveys and sources to help shed light on this complex and changing segment of the California student body.

American public opinion about new immigration is divided and changing, but Californians generally seem to feel that people who have settled here should be able to remain. According to a statewide survey in 2023 by the Public Policy Institute of California, 80% of Californians agree that undocumented immigrants should have a path to citizenship if they meet “certain requirements.” However, in 2024 the incoming Trump administration announced plans to implement strict border measures and expand detention facilities, increasing fear and anxiety among American students with undocumented family members.

This lesson was updated in December 2024