The U.S. Department of Homeland Security (DHS) recently rescinded the previous administration’s policy that classified schools as “sensitive locations” for immigration enforcement. This change means that Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) can now conduct immigration enforcement actions at schools, just as they would in other public spaces.
For K-12 schools, this shift raises important questions about how to respond if federal immigration agents arrive on campus. Understanding legal obligations and having clear protocols can help schools navigate these situations while protecting students’ rights and ensuring compliance with the law.
Understanding the Rights of Students in Schools
Regardless of changes in immigration enforcement policies, students’ rights remain protected under federal law. Here’s what schools need to know:
1. Educational Rights for All Students
- All children have the right to a K-12 public education, regardless of immigration status.
- The U.S. Supreme Court’s decision in Plyler v. Doe (1982) ensures that undocumented children cannot be denied enrollment in public schools.
- Schools cannot implement policies that discourage undocumented students from enrolling or attending.
2. Student Privacy Protections
- FERPA (Family Educational Rights and Privacy Act)Â protects student records, including information related to immigration status.
- Schools cannot release student information to federal immigration agencies without parental consent or a valid judicial order.
Tip: Schools should review their policies to ensure they align with state and federal privacy laws protecting students.
What Schools Should Do If ICE or CBP Arrive on Campus
If ICE or CBP officers arrive at a school, staff should follow clear protocols to protect students’ rights while ensuring compliance with the law.
1. Have a Clear Contact Protocol
- Designate a school representative or legal contact to respond to immigration enforcement actions.
- Ensure that front office staff know who to contact immediately if ICE or CBP arrive.
2. Request Documentation and Keep Records
- Ask for identification: Request the names, badge numbers, and contact details of the federal agents.
- Document the situation:Â Record the time, location, and reason for the visit.
- Request paperwork:Â Ask for copies of warrants, subpoenas, or other legal documents.
- Take notes or photos:Â Document what is happening without obstructing the agents’ activities.
Tip: Scan and email all documentation and records to the school’s legal counsel for review.
3. Know the Difference Between Warrants
- Judicial Warrants: Signed by a federal judge, authorizing specific actions like searching private areas or arresting an individual.
- Administrative Warrants (Forms I-200 or I-205): Issued by ICE, but do not authorize access to private areas without school consent.
Tip: If ICE presents an administrative warrant, the school is not obligated to comply with requests to search non-public areas or access student records.
How Schools Can Protect Students During an Immigration Visit
- Direct ICE/CBP to the Front Office:
- Do not allow agents to move beyond the front office without legal approval.
- Ask them to wait until the school’s legal counsel provides guidance.
- Do Not Provide Student Records:
- Without a judicial warrant, schools should not release student information.
- FERPA protections apply even if an agent requests immigration-related information.
- Inform Students and Families of Their Rights:
- Students and families have the right to remain silent and to request legal representation.
- Schools should not ask about immigration status during enrollment or daily activities.
Tip: Staff should be trained on how to politely but firmly decline requests that violate student privacy rights.
Communicating with Parents and Guardians
If ICE or CBP arrive at school, it’s important to keep families informed:
- Notify Parents Immediately:
- Contact parents or guardians if an immigration enforcement action involves their child.
- Do not disclose student information without legal review.
- Emergency Contact Plans:
- Ensure that families update emergency contacts and designate alternative caregivers in case a parent is unavailable.
- Schools should know who is authorized to pick up the student if a parent cannot.
Tip: Encourage families to create a preparedness plan that includes guardianship instructions and important contact information.
How Schools Can Plan Ahead
To ensure they are prepared, schools should:
- Develop a written response plan for immigration enforcement actions.
- Train staff on how to handle visits from ICE or CBP.
- Regularly update student emergency contact information.
- Educate families about their rights and immigration-related resources.
Tip: Schools should work closely with legal counsel to review policies and ensure compliance with state and federal laws.
How NPZ Law Group Can Help
NPZ Law Group provides comprehensive legal guidance to help schools navigate immigration enforcement challenges while protecting students’ rights. Our team assists with:
- Developing school response plans for ICE or CBP visits.
- Training staff and administrators on FERPA and privacy compliance.
- Advising families on emergency preparedness and guardianship planning.
Contact NPZ Law Group today for expert support in protecting your school community while ensuring compliance with immigration laws.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.