Taking ECE Voices to the Department of Justice

At EveryChild California, our north star in advocacy is simple: we are the microphone. We use our expertise to amplify the voices of providers through strategic legislative action. Over the last year, we’ve heard a steady, heartbreaking message from the field: immigration enforcement activity is creating fear and disruption for children, families, and early education professionals. We brought these realities directly to the California Department of Justice (DOJ) Civil Rights Enforcement Section during their AB 495 stakeholder consultation. Our role was not to speculate, but to speak from the lived experience you entrusted to us. While this is not an exhaustive list of what was discussed, it does provide a small window into our conversations with the Department of Justice. 

Fear, Family Behavior, and Enrollment

Many providers are not seeing immigration enforcement enter preschool sites because families are avoiding public spaces entirely. We shared examples of families keeping children home, and incidents that intensify fear (like a grandparent being detained while walking a child to preschool). The impact is immediate: children miss learning and care, and providers face instability in attendance and enrollment.

Navigating Unclear Situations

When documentation is clear (such as certain warrants or court orders) providers know there are established protocols. A deeper concern lies in the moments that feel ambiguous. In those gray areas, providers are left to navigate high-stakes decisions with incomplete information. Many are stitching together local guidance, secondhand advice, or outdated resources while trying to protect children and comply with the law.

The questions we hear most often center on situations like:

• Enforcement activity occurring near a site or in the surrounding community

• Uncertainty about what defines “public” versus “private” space

• How to respond when enforcement seeks entry without clear documentation

• What responsibilities apply if enforcement is present on or near the property

• Facility security and boundary-setting in early care and education settings

• Legal responsibilities when authorities interact with families during program operations

• Balancing child welfare obligations with families' rights in immigration-related scenarios

We know that these are not abstract legal questions. They are real-time decisions providers fear having to make.

Clear Guidance 

One of the strongest messages we shared, especially from partners supporting family child care providers, is that referrals to other documents (bulletins, memos, links) are not enough. ECE professionals are caring for children all day, often running programs around the clock. When something urgent happens, nobody has time to dig through a stack of bulletins.

Providers need information that is:

• In one place

• Written plainly

• Easy to use in the moment

• Available in multiple languages

• Accessible to people who can’t attend a live training
  
  

Navigating Confidential Information

We discussed that providers have raised questions about documentation practices and confidentiality protocols. Early childhood programs maintain sensitive family information, data that families may be concerned about. Providers need clarity on their legal obligations regarding information sharing with government agencies, appropriate responses to requests for access to program records, and best practices for data retention across the childcare ecosystem.

Again, this is not an exhaustive list of the subjects that were covered with the Department of Justice. Out of concern for the safety of our children and our providers we have chosen to keep these descriptions of the conversation at a high level, but please know that we are listening to your concerns, will continue to gather member experiences, and push for what providers need to do their jobs, stay in alignment with the legal framework, and protect the children they are entrusted with. To every provider, educator, and leader carrying the weight of this moment: we see you and we will continue to show up for you in these power-spaces, bringing your lived experience to the table, and pushing for tools that protect children, families, and the ECE field.