Forest Grove High School student Maya Andrade believes schools should provide a safe place for all students to learn. But over the past year, she says that sense of security has faded.
“Our school has not experienced an encounter with federal immigration authorities on campus, but the fear of that possibility remains present for many students and families,” Andrade said at a legislative hearing earlier this month. “Across our community, students have witnessed families being separated, loved ones detained or have personally experienced discrimination in spaces that should feel safe.”
That fear has struck the Washington County school district hard, where one out of every five students identifies as Latino. District leaders say concerns over federal immigration raids have led to drops in attendance, an increase in student withdrawals and “diverting our funds to support online learning.”
The bottom line, according to Andrade, is that students are no longer learning.
“Fear should never be a barrier to learning, belonging or opportunity,” she said.
But a pair of bills making their way through the Capitol are looking to restore the feeling of safety at schools and solidify Oregon’s sanctuary state policies.
House Bill 4079, or the Safeguarding Students and Families Act, would require Oregon school districts, public universities and community colleges to develop an alert system that would notify students and parents if federal immigration authorities enter school property.
Last year, the Trump administration rescinded a Biden-era order that prohibited immigration enforcement activities from taking place in certain “sensitive areas.” These places included hospitals, schools and churches.
Advocates of the bill say the dismantling of that policy, along with the growing reports of federal authorities detaining students and families outside of schools, such as the arrest of a Beaverton man outside a preschool, have prompted its need.
Latino Network Director of Advocacy Mercedes Elizalde said the legislation would put some power back in the hands of marginalized communities.
“This bill, at least, provides reassurance that we will be able to tell families and students that if something happens, you’re going to know,” Elizalde said. “You don’t have to read the tea leaves on social media, you don’t have to rely on rumors.”
While supporters of HB 4079 say the bill will lead to a practical method to notify school communities of immigration enforcement, those who oppose the legislation say it’s more of a political statement.
“I’m a little bit frustrated because I feel like we are turning this into a political bill,” said Rep. Emily McIntire, R-Eagle Point, at a House Committee on Education work session this week. “Everything in this bill can already be done at the local level if the local school districts are feeling the need to do it.”
McIntire voted against the bill.
But Elizalde wants all of the state’s schools to develop a plan for immigration enforcement, even if districts and colleges don’t feel there is an immediate need. She said a policy on how to deal with immigration enforcement on campus is no different than emergency preparedness plans for natural disasters or active shooters.
“Everyone hopes that we don’t have to use these alerts and we don’t have to share this information because they’re not doing this at schools, but we can’t guarantee that,” Elizalde said. “We have to be prepared.”
The bill got the necessary votes to advance out of the House Education Committee this week. If it passes both chambers before the session ends, it would go into effect on Sept. 30.
Making immigration status a protected class
A companion bill in the senate mirrors some provisions outlined in HB 4079, such as requiring public school officials to work with the Department of Justice on how to respond to immigration enforcement actions at schools. But at its core, SB 1538 is about making sure that discrimination based on immigration status at schools will not be tolerated.
The bill codifies immigration status as a protected class under anti-discrimination laws that govern Oregon’s K-12 schools. It passed out of the Senate Committee on Education this week.
“We support codifying the right of our immigrant and migrant students to attend public education programs in schools in our state for free,” said Coalition of Oregon School Administrators policy director Morgan Allen at the bill’s public hearing last week.
“I can’t believe we’re at the point where we feel like we have to codify that in state law, but we do support that change,” Allen said.
Sen. Lew Frederick, who is bringing the legislation to the senate floor, said he wanted to make sure that SB 1538 is a measured response to the increase in immigration enforcement actions across the state.
But he said he is disturbed by reports of racial profiling by federal authorities.
“My concern during this time is that my neighbor is walking to school alone. Her skin is dark. She’s 15. I’ve been driving her to school,” Frederick said at a hearing on the bill earlier this month. “My district has had to close six schools because of ICE folks showing up outside the school.”
Frederick hopes the bill will give school districts the tools they need to effectively respond to federal agents if an enforcement action were to occur on campus.
And school leaders are looking for guidance, according to Jessica Ventura, who directs the Oregon Department of Human Services’ Office of Immigrant and Refugee Advancement.
At an informational hearing on the bill, she said recent meetings with school districts on this matter revealed a common thread: Schools want clear statewide instructions on what to do.
“District leaders said they rely on general guidance under the Sanctuary Promise Act but do not have school-specific procedures to follow,” Ventura said. “Administrators shared that front office staff often feel uncertain about how to verify a warrant, what information may be shared under law, or how to communicate with families in a way that supports attendance.”
Those against the bill said local school districts should be deciding how to handle these situations, not the state. Other statements in opposition said the bill is on the side of illegal immigration and undermines federal authorities.