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President Trump Signs Executive Order, “Protecting the American People Against Invasion”
On January 20, 2025, President Donald Trump signed an Executive Order (EO) titled “Protecting the American People Against Invasion,” which makes significant changes to U.S. policies concerning immigration enforcement.
The EO revokes several executive orders issued under previous administrations related to federal immigration policy and directs federal agencies to prioritize the removal of undocumented immigrants, particularly those who are deemed to pose a threat to public safety and national security. The EO specifically mandates the Department of Homeland Security (DHS), through and by Immigration and Customs Enforcement (ICE), to focus on enforcing immigration laws and executing final orders regarding the removal of undocumented immigrants. This Executive Order may impact California private schools.
I. Workplace Implications
The EO mandates that ICE increase workplace raids and employment eligibility verification audits to enforce immigration laws.
Schools should review the Form I-9 that they maintain for employees, which verifies employment eligibility, to ensure they have complete and accurate documentation in the event of a workplace raid or audit. I-9 site inspections at places of employment generally do not require an administrative or judicial warrant when three days’ notice is provided.
Schools should also note that California Labor Code section 90.2 requires that employers notify an employee within 72 hours following a federal agency’s request to inspect an employee’s Form I-9.
California law, unlike many other states, currently prohibits employers from voluntarily allowing ICE agents access to non-public areas of their workplaces or employee records without a judicial warrant. An employer may take an agent to a non-public area, where employees are not present, for the purpose of verifying the warrant.
Additionally, California law prohibits employers from allowing ICE agents to access, review, or obtain the employer’s employee records without a subpoena or judicial warrant.
Schools must comply with a subpoena or judicial warrant and should consider seeking guidance from legal counsel to evaluate the request and determine the appropriate response.
II. Potential Penalties for “Sanctuary” Jurisdictions
Additionally, the EO threatens to deny federal funds to “sanctuary” jurisdictions, which do not include schools, that interfere with federal immigration enforcement actions and authorizes the U.S. Attorney General and DHS to impose civil or criminal penalties on such “sanctuary” jurisdictions. It is still unclear what kind of federal funds the Trump administration would withhold.
III. Sensitive Locations
In addition to the January 20, 2025 EO, on January 21, 2025, acting DHS Secretary Benjamine Huffman issued a directive rescinding the 2021 Memorandum on “Guidelines for Enforcement Actions in or Near Protected Areas,” which restricted ICE enforcement in designated protected areas, including schools. No additional guidance has been provided at this time. However, ICE still may not enter a non-public area (such as a school building) without consent, absent “exigent circumstances” (such as urgent national security or public safety threat) without a judicial warrant).
IV. Public School District Requirements
California Education Code section 234.7 requires public school districts to adopt an immigration policy consistent with California Attorney General’s model policy. This statute does not apply to private schools and an immigration policy is not required. However, schools that would like to create internal immigration guidance for their administrative team may consider using this resource as a basis for developing internal guidance.
Liebert Cassidy Whitmore attorneys are closely monitoring developments in relation to this Special Bulletin and are able to advise on the impact this could have on your organization, and other related issues. If you have any questions about this issue, please contact our Los Angeles, San Francisco, Fresno, San Diego, or Sacramento office.