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Q2 Webinar: How EL Program Leaders can Help Immigrant Students and Families During Uncertain Times - Details

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Tips for Improving Immigrant and EL Student Attendance During Increased Immigration Enforcement

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Around the country, many school districts are reporting attendance concerns related to their immigrant, English Learner (EL), and Multilingual Learner (ML) students. While we are in the midst of flu and cold season, many are pointing to heightened fear around immigration issues as a factor. Below are short lists of suggestions for those in central office, principals or other school-based administrators, student services, and immigrant community leaders who are all working on this issue.Central O

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Discover essential immigration resources and support for refugee and immigrant families. Access tools, information, and guidance to navigate the immigration process with confidence. Visit Fugees Family’s resource hub today.

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Standing Together: California’s Protections for Undocumented and Immigrant Students

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Standing Together: California’s Protections for Undocumented and Immigrant Students

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Standing Together: California’s Protections for Undocumented and Immigrant Students

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One out of five (20%) children in California live in mixed-status families, meaning they are undocumented themselves or living with a family member who is undocumented. […]

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Overview

The term "unaccompanied minor" has been used to describe children and youth experiencing homelessness as well as those crossing mostly the southern United States (US) border. This web page is intended to provide information related to the children and youth crossing the US border who meet the legal definition of an unaccompanied minor pursuant to Title 6, United States Code (U.S.C.), Section 279(g)(2). The federal statute defines unaccompanied minor as a child who has:

No lawful immigration status in the US and

Not attained 18 years of age and

No parent or legal guardian in the US, or no parent or legal guardian in the US available to provide care and physical custody.

Children who enter the country without their parent/legal guardian and for other reasons have been separated from their parent/legal guardian are also considered as unaccompanied minors.

When unaccompanied minors arrive at the US border, US Border Patrol (USBP) and Office of Field Operations (OFO) are responsible for bringing them into their facility to be processed. Once it has been determined that the unaccompanied minors have met the criteria to stay, the Immigration and Customs Enforcement (ICE) transfers them to the Unaccompanied Children (UC) Program. The UC Program is managed by the Office of Refugee Resettlement (ORR) under the Administration for Children and Families (ACF) within the US Department of Health and Human Services (HHS). The ORR provides shelter and care for the unaccompanied minors while determining the most appropriate placement for the unaccompanied minors in the US. A majority of unaccompanied minors are released to a safe and suitable sponsor, which most of the time is a parent or close relative. A small number of unaccompanied minors are placed in long-term foster care under HHS custody. To view the steps followed once an unaccompanied minor has arrived at the US border, reference the Congressional Research Service (CRS) Unaccompanied Alien Children: A Processing Flow Chart (PDF).

Unaccompanied minors that have been released from ORR to a sponsor or have been place in long-term foster care under HHS custody and are awaiting immigration proceedings, have the same educational rights as children residing in California. 1 Under current law, immigration status does not preclude school-age children who reside in California from receiving a public education ( Education Code [ EC] Section 200). The 1984 Supreme Court decision Plyler v. Doe requires schools to enroll all eligible children regardless of their citizenship or immigration status. Districts must verify a student's age and residency (address), but have some flexibility in what documents or supporting papers they use. Local educational agencies (LEAs) may not inquire about or require documents pertaining to or disclosing immigration status.

It is important to distinguish that unaccompanied minors placed in long-term foster care under HHS custody are defined differently from foster youths placed under the care of a local child welfare agency or probation agency in California. Unaccompanied minors placed in long-term foster care under HHS custody have the same educational rights as children residing in California, but they are not considered to be foster youth by the California EC. For more information, reference the Foster Youth Definitions (XLSX) and the Foster Youth in California Schools web page.

FAQs

The following FAQs have been developed in response to questions that the CDE has received from LEAs in regards to the current surge in unaccompanied minors' crossing the southern US border. These FAQs are intended to help LEAs navigate through some of the different topics related to unaccompanied minors.

General

1. What are the terms, acronyms, and definitions used to describe unaccompanied minors?

Term/Acronym

Definition

Unaccompanied Minors or Youth (federal and state use)

Unaccompanied Children (UC) (federal and state use)

Unaccompanied Alien Children (UAC) (federal use)

Unaccompanied Undocumented Minors (UUM) (state use)

A child who has: No lawful immigration status in the US;

Not attained 18 years of age and

No parent or legal guardian in the United States, or no parent or legal guardian in the US available to provide care and physical custody.2

Children who enter the country without their parent/legal guardian and for other reasons have been separated from their parent/legal guardian also fall under this definition. 3

Unaccompanied Refugee Minors (URM)

The URM program is administered both at the federal and state level. At the state level, the California Department of Social Services (CDSS) administers the URM program by providing culturally responsive child welfare, foster care, and independent living services to unaccompanied refugee youth. Youth in the URM program have one of the following immigration statuses:

Refugees;

Cuban/Haitian entrants;

Asylees;

Victims of human trafficking who have an ORR eligibility letter;

Non-citizen victims of domestic violence and other serious crimes who have been granted a U-Visa from the US Citizenship and Immigration Services, and meet all other eligibility requirements, or;

Minors who have received Special Immigrant Juvenile Status while in ORR's custody.4

Immigrant Children and Youth ( for the purpose of Title III, Part A)

Migratory children ( for the purpose of Title I, Part C)

2. From which countries are recent arrival unaccompanied minors coming?

In fiscal year 2020, and the past eight years, the top three countries of origin were Honduras, Guatemala, and El Salvador. For this information as well as other general statistics, see the ORR's Facts and Data web page.

3. How many unaccompanied minors are currently in the care of ORR?

For the current number of unaccompanied minors under the care of ORR, see the HHS UC Program web page.

4. Why are unaccompanied minors coming to the US?

There are many different reasons why unaccompanied minors are coming to the US. Some youth are trying to escape gangs, violence, economic conditions, and poverty in their home country. Other youth may be trying to reunite with family in the US. 8 Other reasons may be related to the economic slowdown brought on by the COVID-19 pandemic and recent weather events (hurricanes) in the unaccompanied minors' country of origin. 9

5. What is the LEA's obligation to unaccompanied minors?

In general, LEAs would not know if a child is an unaccompanied minor because an LEA may not inquire about or collect information on students and their family's immigration status (see Overview section for more information). An LEA would only know if a child is an unaccompanied minor if the information was volunteered by the student or their family. Once an unaccompanied minor is enrolled with the LEA, the LEA's obligation to the enrolled unaccompanied minor is the same as to any other enrolled student. They should be provided with the same educational services and opportunities as well as receive the same treatment as any other enrollees.

6. What resources are available to help LEAs support unaccompanied minors?

Below are some resources to help LEAs address trauma as well as provide academic, social-emotional, and other support to unaccompanied minors.

Californians Together - Support for Immigrant and Refugee Students
Californians Together Support for Immigrant and Refugee Students web page includes a guide for California educators and schools, classroom lesson modules for different grade spans, and more. It also includes resources in Spanish to support families of immigrant students during COVID-19.

Colorín Colorado
Colorín Colorado is a national organization that provides information and resources related to English language learners to educators and families. Colorín Colorado's Special Population: English Language Learners web page provides articles, videos, booklists, FAQs, guides and toolkits, research and reports, and other resources related to English learners who are also newcomer students, student with interrupted formal education (SIFE), unaccompanied minors, refugee students, and from other special populations.

Californians Together - Support for Immigrant and Refugee Students
Californians Together Support for Immigrant and Refugee Students web page includes a guide for California educators and schools, classroom lesson modules for different grade spans, and more. It also includes resources in Spanish to support families of immigrant students during COVID-19.

US Department of Education Newcomer Toolkit (PDF)
The Newcomer Toolkit published by the US Department of Education includes five chapters that examine the following topics related to newcomer students: demographics, contributions, safe and thriving school environment, high-quality instruction, social emotional needs, and establishing partnership with families.

7. Where can LEAs find additional FAQs related to unaccompanied minors?

The following are additional FAQs related to unaccompanied minors:

Immigration Process

1. How does the US federal government process unaccompanied minors once they arrive at the US border?

When unaccompanied minors arrive at the US border, USBP and OFO are responsible for bringing them into their facility to be processed. Once it has been determined that the unaccompanied minors have met the criteria to stay, the ICE transfers them to the UC Program. The UC Program is managed by the ORR under the ACF within the HHS. The ORR provides shelter and care for the unaccompanied minors while they determine the most appropriate placement for the unaccompanied minors in the US. A majority of unaccompanied minors are released to a safe and suitable sponsor, which most of the time is a parent or close relative. A small number of unaccompanied minors are released and placed in long-term foster care under HSS custody.

For more detailed information regarding the federal government process upon the accompanied minors' arrival, see pp 5-14 of the Unaccompanied Alien Children: An Overview (PDF) document prepared by the CRS.

It is important to distinguish that unaccompanied minors placed in long-term foster care under HHS custody are defined differently from foster youths placed under the care of a local child welfare agency or probation agency in California. Unaccompanied minors placed in long-term foster care under HHS custody have the same educational rights as children residing in California, but they are not considered to be foster youth by the California EC. For more information, reference the Foster Youth Definitions (XLSX) and the Foster Youth in California Schools web page.

2. Which government agency is coordinating the emergency response for the influx of unaccompanied minors?

The federal government is currently coordinating the emergency response for the influx of unaccompanied minors. The two federal government agencies involved in the emergency response are the Department of Homeland Security and the HHS.

3. What services are provided at the emergency intake sites in Southern California?

According to the HHS website, the following services are provided to unaccompanied minors while under the care of ORR until they are released to a sponsor:

Classroom education

Health care

Socialization/recreation

Vocational training

Mental health services

Family reunification

Access to legal services; and

Case management

4. Where do unaccompanied minors settle once they have been processed and released from the ORR?

Once unaccompanied minors are released, they move to various states to live with their sponsors (e.g., parents, relatives, etc.). The HHS Unaccompanied Children Information web page provides this data by state and county.

5. Do unaccompanied minors enroll in a local public school while in the care of ORR?

No. In general, unaccompanied minors do not enroll in a local school while in the care of ORR. Once unaccompanied minors have been released from ORR to a sponsor or have been placed in long-term foster care under HHS custody and are awaiting immigration proceedings, they have the same educational rights as children residing in California and may enroll in a local public school.1

It is important to distinguish that unaccompanied minors placed in long-term foster care under HHS custody are defined differently from foster youths placed under the care of a local child welfare agency or probation agency in California. Unaccompanied minors placed in long-term foster care under HHS custody have the same educational rights as children residing in California, but they are not considered to be foster youth by the California EC. For more information, reference the Foster Youth Definitions (XLSX) and the Foster Youth in California Schools web page.

1 HHS. 2019. Services Provided
2 6 U.S.C. Section 279(g)(2)
3 HHS. 2021. Unaccompanied Children Frequently Asked Questions
4 CDSS. 2021. Unaccompanied Refugee Minors Program Newcomer Tool Kit (PDF)
6 20 U.S.C. Section 7011(5), (13)
5 US Department of Education. Office of English Language Acquisition. 2016.
7 CDE. 2020. Overview of Migrant Education in California
8 Library of Congress, CRS. 2019. Unaccompanied Alien Children: An Overview (PDF)
9 Chishti, Muzaffar, and Sarah Pierce. 2021. "Border Déjà Vu: Biden Confronts Similar Challenges as His Predecessors." Migration Policy Institute

Questions: Language Policy and Leadership Office | 916-319-0845

Last Reviewed: Tuesday, June 18, 2024

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Unaccompanied Minors Frequently Asked Questions - Multilingual Learners (CA Dept of Education)

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Information and frequently asked questions (FAQs) about unaccompanied minors.

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Championing the Success of English Learners

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This resource guide is created for K-12 and college educators in California to help guide conversations with undocumented students and students from Mixed Status Families regarding college and financial aid concerns.

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This resource guide is created for K-12 and college educators in California to help guide conversations with undocumented students and students from Mixed Status Families regarding college and financial aid concerns.

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Advising Undocumented Students & Mixed-Status Families in CA — First Gen Empower

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This resource guide is created for K-12 and college educators in California to help guide conversations with undocumented students and students from Mixed Status Families regarding college and financial aid concerns.

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MA Rapid Response Guide for Educators of Immigrant-Origin Students

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Know Your Rights Webinar in 17 languages

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Know Your Rights Webinar in 17 languages

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Discover essential immigration resources and support for refugee and immigrant families. Access tools, information, and guidance to navigate the immigration process with confidence. Visit Fugees Family’s resource hub today.

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Resource Guide for Schools Serving Immigrant Populations.pdf

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Know Your Rights  | CABE Sac Regional 2.06.2025

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One pager on immigrant rights in various languages

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One pager on immigrant rights in various languages

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Contra Costa County Office of Education - Immigration Laws and Resources

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 Immigrant Student & Community Safety in Schools

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Protecting the Rights and Privacy of MLs and their Families

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Protecting the Rights and Privacy of MLs and their Families

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Multilingual Learners and their Families

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NAELPA Q1 Webinar - Protecting the Rights and Privacy of Multilingual Learners and their Families.pptx.pdf

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Resource Library: Creating Welcoming Environments and a Sense of Belonging

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Resource Library: Creating Welcoming Environments and a Sense of Belonging

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Welcome to Re-Imagining Migration’s comprehensive resource collection, featuring over 500 carefully curated materials designed to transform how schools and educators approach migration, inclusion…

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Share My Lesson offers free preK-12 immigration lesson plans and resources to help teachers build inclusive classrooms and foster mutual understanding.

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Know Your Rights Toolkit | Immigrant Legal Resource Center | ILRC

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Advocates and community members can work together to fight messages of fear and panic by helping community members learn about their rights and how to protect themselves from ICE. The Immigrant Legal Resource Center has created a variety of materials to educate the community and prepare individuals for possible encounters with immigration authorities. For in depth information on community rights and how to prepare in case of emergencies, visit:

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CA Attorney General's Guidance for K-12 Schools: Promoting a Safe and Secure Learning Environment for All

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CA Attorney General's Guidance for K-12 Schools: Promoting a Safe and Secure Learning Environment for All

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Learning Environment for All

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What’s Next? California Districts Can and Must Ensure Schools are Safe and Welcoming Environments for All

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What’s Next? California Districts Can and Must Ensure Schools are Safe and Welcoming Environments for All

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Quick Read: The Trump administration has rescinded previous executive guidance that protected sensitive locations, including schools, from immigration enforcement-immigration enforcement is now instructed to use "common sense" instead. Regardless of this action, school and childcare centers in California can and should take proactive steps to ensure that students and their families feel safe and protected in education settings across our state.

What's Next?

This week, the Trump administration rescinded the Department of Homeland Security's " protected areas memorandum ", instructing Immigration and Customs Enforcement officers to refrain from detaining individuals at or near protected areas, including schools, churches, and other civic institutions. The intent of this guidance is to ensure that individuals are not deterred from receiving an education or taking part in religious services because of fears that they will be detained or arrested for their immigration status.

That memo, along with other guidance reminding schools of their responsibility to enroll students regardless of their status, are in line with Plyler v. Doe-a 1982 Supreme Court decision that undocumented or non-citizen status is irrelevant to a student's right to a K-12 education. Rescinding this guidance goes against a longstanding precedent to ensure that schools are welcoming to all students. This action is likely to lead to a drop in attendance and enrollment for newcomers and students in immigrant families. For those who continue attending school, the classroom will no longer feel like a safe and welcoming environment where they are free to learn and grow alongside their classmates. No student should fear that their parent or guardian will be handcuffed at the pick-up line. Immigration arrests and raids have no place in schools and only serve to create ripple effects that hurt entire school populations, from students and families to their teachers.

Regardless of this federal action, states and local governments have leverage to ensure all students can feel safe at school. In 2017, California passed AB 699 (O'Donnell), codifying the responsibility of school districts and all local education agencies to ensure that students feel safe in California public schools. Under AB 699, the California Attorney General developed model policies that every district was required to adopt by July 1, 2018. The policies address the following areas:

Gathering and handling student and family information

Sharing student and family information

Responding to requests for access to school grounds for immigration enforcement purposes

Responding to the detention or deportation of a student's family member

Responding to hate crimes and bullying related to national origin or ethnicity

Whether a student is new to this country or is from a family with longstanding ties to the community-districts have a responsibility ensure students are able to attend school without fear that their rights and safety are in jeopardy. Recent federal action on immigration may make this obligation confusing, but district leaders and educators should know that they don't have to navigate this road alone. Some immediate steps that districts can take include:

Californians Together will continue to advocate for the rights of English learners, newcomers, and those who serve them. The resources provided above, and others we will share as these developments continue, should serve to empower education leaders to do what they do best-educate students. From ensuring privacy to creating safe classrooms, we stand with teachers and administrators as they work to honor the rights of all students and their families.

Find additional posts on: Newcomers -

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What's Next? California Districts Can and Must Ensure Schools are Safe and Welcoming Environments for All - Californians Together

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Quick Read: The Trump administration has rescinded previous executive guidance that protected sensitive locations, including schools, from immigration enforcement-immigration enforcement is now instructed to use "common sense" instead. Regardless of [...]

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Red Cards / Tarjetas Rojas | Immigrant Legal Resource Center | ILRC

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All people in the United States, regardless of immigration status, have certain rights and protections under the U.S. Constitution. The ILRC’s Red Cards help people assert their rights and defend themselves in many situations, such as when ICE agents go to a home. Special thanks to our many partners who contributed translations in the various languages now available, making these red cards accessible to more individuals.

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Verifying you are human. This may take a few seconds.

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Sanctuary District ICE Protocol Overview and Recommendations

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Sanctuary District ICE Protocol Overview and Recommendations

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for Families

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EE06 ICE Protocol overview for families.pdf

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Supporting Immigrant Students in Uncertain Times: Strategies for Schools

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Supporting Immigrant Students in Uncertain Times: Strategies for Schools

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Supporting Immigrant Students in Uncertain Times: Strategies for Schools

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Discover actionable strategies for supporting immigrant students in schools in uncertain times.

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Template - Guidance for Protecting Students’ Rights & Privacy

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National Newcomer Network Statement and Resources Link

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National Newcomer Network Statement and Resources Link

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What to do if ICE Visits Your School: Sample Policies and Guidance from School Districts and States

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What to do if ICE Visits Your School: Sample Policies and Guidance from School Districts and States

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What to do if ICE Visits Your School: Sample Policies and Guidance from School Districts and States

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By now most of us have heard that schools will no longer be off limits for immigration enforcement due to President Trump rescinding a 2011 “sensitive locations” memo that included schools. This is a collection of policies, guidance, and protocols used by various school districts and states for what to do if ICE (Immigration & Customs Enforcement) visits your school. Please note, this is a “living” document and will be added to regularly as we identify more districts or states to include. If you

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Stand Together Contra Costa – One County, One Community, United

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Stand Together Contra Costa – One County, One Community, United

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To report Immigration & Customs Enforcement (ICE) action, or if you or someone you know has been detained by ICE:

For rapid response and immigration legal services in Contra Costa County

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Stand Together Contra Costa: One County, One Community, United

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CALL 1-925-900-5151 for rapid response and immigration legal services in Contra Costa County. Stand Together Contra Costa is a rapid response, legal services, and community education project to support safety and justice for immigrant families in Contra Costa County.