Despite the rapid changes to immigration policy over the past few months, federal and state law is clear: All children have the right to a safe, high-quality education, regardless of their immigration status. The Trump Administration's executive order rescinding the “sensitive locations” policy that barred Immigration and Customs Enforcement from taking action in schools doesn’t change that.
But just because ICE can now show up at a school for an enforcement action, teachers and school administrators still have the right and responsibility to protect their students under the U.S. Constitution and federal and state law. That’s why the ACLU of Wyoming is reminding school administrators of their rights and responsibilities to protect their students under the U.S. Constitution and federal and state law. Here’s what every school needs to know if ICE comes knocking at their door.
You don’t have to let ICE inside unless they present a judicial warrant
ICE typically uses an “administrative” warrant when they are conducting enforcement actions, but only a judicial warrant can mandate their entry into private property. A judicial warrant is one that is issued by a court, signed by a judge, based upon a finding of probable cause, and specifically names the location and date range that a search is allowed. If an ICE agent presents an administrative warrant signed and issued by an immigration officer, you have the right to refuse entry.
All students, regardless of their immigration status, have certain rights under federal and state law
Federal and state law prohibits discrimination in education based on a students’ race, gender, ethnicity, or national origin. The United States Supreme Court has ruled that all students have a right to a public education, no matter their immigration status.
The Wyoming Constitution “requires that all students receive an equal opportunity to a quality education. The Wyoming Supreme Court has determined that the state Constitution’s guarantee of an “equal opportunity for a proper education necessarily contemplates the playing field will be leveled so each child has equal chance for educational success.” In short, any attempt by a school official to harass or intimidate Wyoming students because of their immigration status is illegal.
Schools should have a clear plan in place for any interactions with ICE
Schools should consult with their counsel and develop a coordinated plan if ICE shows up. That plan should include:
- Identifying a designated point person who is prepared to deal with ICE agents;
- Putting up signage to clearly indicate private areas of the school where people other than school personnel and students cannot freely enter. ICE agents are only be able to enter those areas by presenting a judicial warrant;
- Having a system to allow an attorney to review any documents that ICE presents, including warrants;
- Observing and documenting any actions by immigration agents on school property and make copies of officers’ identification documents, as well as any warrants or subpoenas;
- Robust training for all school personnel so that they understand the policy – not only so that they can follow it but also so they can help answer questions from parents and students.
Other things to keep in mind
ICE agents may dress in uniforms that might suggest that they are police officers or they might not wear any uniform at all. Regardless of how they present themselves, school officials do not need to let federal agents enter any non-public areas of a school without a judicial warrant.
School districts may not ask or collect information about a student’s immigration status and are obligated to protect what information they do keep on record. Schools should follow this general rule for handling student data: If there is no reason to collect it, then do not collect it.
School districts should also make sure that any school security officers are aware of and abide by student privacy laws. School districts should require security officers to enter into a binding agreement stating that they will not ask about the immigration status of students or engage in any attempts at immigration enforcement actions. Security officers should also be trained on the rights of schools and students when interacting with ICE.
Unfortunately, our new reality is a heartbreaking one in which schools must be prepared for the day that a student is unable to go home because their parents have been taken away. We cannot emphasize enough the need to ensure our schools remain welcoming spaces where every student has equal access to learning and all schoolchildren can thrive and that the legal rights of our kids are upheld. We encourage schools to develop protocols for how to respond to ICE enforcement.
