Modesto refugee student cleared for football amid scrutiny over eligibility rules

Billie S. Mcconkey, Chief Legal Officer, Chief People Officer & Corporate Secretary at The Modesto Bee
Billie S. Mcconkey, Chief Legal Officer, Chief People Officer & Corporate Secretary at The Modesto Bee
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A Modesto High School student from Colombia has been allowed to play football after initially being declared ineligible by the California Interscholastic Federation (CIF) due to a lack of immigration documentation. The case has prompted the California Department of Education to review CIF policies, particularly regarding their alignment with state laws that prohibit requiring students to disclose immigration status.

CIF requires international transfer students to provide a visa, translated transcripts, and affidavits from both the school and family verifying eligibility details. These requirements are intended to confirm a student’s age and prevent recruitment of over-age professional athletes. According to CIF rules, students who turn 19 before June 15 of the following school year cannot participate in sports.

The student was cleared for participation after several meetings and a letter from the Modesto City Schools superintendent. The incident raised concerns about whether CIF’s practices comply with Assembly Bills 699 and 1327, which protect students from discrimination based on immigration status and bar schools from collecting such information.

A letter signed by more than 60 individuals—including Modesto City Schools Superintendent Vanessa Buitrago and City Councilmember Chris Ricci—was sent to Attorney General Rob Bonta and State Superintendent Tony Thurmond. It called for immediate action to ensure CIF rules align with state law, investigations into possible noncompliance, formal guidance for compliance, and collaboration with CIF leadership for training that prevents discrimination.

“Athletics are not a privilege reserved for a few — they are a critical part of student development, belonging, and wellness,” the letter stated. “For immigrant and refugee students, access to sports can be one of the most important ways to build community, improve mental health, and succeed academically. To deny these students equitable access is to deny them an essential part of their education.”

The Attorney General’s Office declined comment on potential or ongoing investigations.

CIF bylaws process foreign transfers under similar eligibility rules as in-state transfers unless they are part of an approved exchange program. Hardship waivers may be granted for cases such as war or forced relocation. Will DeBoard, assistant commissioner of the CIF Sac-Joaquin Section, said: “We do what we can for kids to get eligible.” He noted that if all required documents cannot be provided, a letter explaining why may suffice.

Brian Seymour, associate executive director at CIF’s state office, emphasized that each case is handled individually: “It’s not about citizenship or immigration enforcement constraints,” Seymour said. “It’s procedural requirements to ensure fair athletic participation.”

Of 168 waiver requests for foreign students in the Sac-Joaquin section last year, five were denied.

Modesto City Schools stated its athletic director followed all prescribed processes when determining eligibility. District spokesperson Sharokina Shams said: “We have confirmed on multiple occasions that we followed the correct process prescribed by the CIF-SJS. Additionally, the school provided letters of support to the CIF for the student.”

Superintendent Buitrago affirmed: “We can affirm that students belong in school and in activities that meaningfully engage them — including sports. We do not agree with policies or practices that prevent this.” She added: “However, we do not agree with CIF’s ‘international student’ classification for students who are immigrants, refugees or asylum seekers… This is an exclusionary rule, and that is disappointing.”

Assembly Bill 699 prohibits discrimination based on immigration status and bars schools from collecting related information. AB 1327 requires reporting on accountability activities related to racial discrimination at sporting events but does not directly address immigrant status according to Seymour.

Some former newcomer students reported no issues enrolling in sports previously. Evet Youkhana recalled only needing basic paperwork when she joined tennis at Davis High School after arriving from Iraq in 2015; Valantina Rashoo had similar experiences playing tennis after immigrating.

Amelia Herrera, a language institute teacher at Davis High School who also signed the advocacy letter, said this was her first experience hearing about visa requirements for sports participation at her school: “That’s like a new beast,” Herrera said.

Herrera also highlighted other barriers faced by newcomer students—including language challenges and unfamiliarity with extracurricular opportunities—suggesting teachers often bridge gaps between interested students and coaches.

Xilonin Cruz-Gonzalez of Californians Together recommended ongoing staff training so districts meet legal obligations toward immigrant youth: “For students, often extracurriculars [and] other activities are really what bring them and pull them into school,” Cruz-Gonzalez said.



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