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.
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. The ACLU sent a letter this week to the state’s 47 school superintendents outlining their responsibilities and providing them with guidance about interacting with ICE.
“Fear of federal immigration enforcement on school premises is leading to increased stress on students, which has a detrimental impact on their ability to learn,” said Libby Skarin, ACLU of Wyoming executive director. “Because of widespread confusion about the authority of ICE to enter schools, our aim with this letter is to support educators and parents by providing clarity on legal protections and obligations that will ensure our schools remain safe for all students. 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.”
Among other detailed guidance, the letter makes clear that federal law, including the Fourth Amendment’s protection against unreasonable searches and the Family Educational Rights and Privacy Act, offers protection for all students. The also letter details the differences between a judicial and administrative warrant and offers suggestions on how best to protect students’ privacy, including in school records, and how to foster a welcoming environment for all students.
The ACLU encourages schools to develop protocols for how to respond to ICE enforcement and includes a self-assessment tool that schools can use to make sure they are following the law and protecting students’ rights. The letter also provides resources to help families and schools prepare for situations where parents have been taken away and a child cannot go home.
“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,” said Antonio Serrano, ACLU of Wyoming advocacy director. “We need our schools to know how to best ensure the legal rights of our kids are upheld. We hope to empower advocates throughout Wyoming to use this letter and the checklist of best practices to partner with schools to keep our children and our communities safe.”
The ACLU’s letter to Wyoming school superintendents is attached.
About the ACLU of Wyoming
The American Civil Liberties Union of Wyoming is a non-partisan, nonprofit organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU of Wyoming is part of a three-state chapter that also includes North Dakota and South Dakota. The team in Wyoming is supported by staff in those states.
The ACLU believes freedoms of press, speech, assembly, and religion, and the rights to due process, equal protection and privacy, are fundamental to a free people. In addition, the ACLU seeks to advance constitutional protections for groups traditionally denied their rights, including people of color, women, and the LGBTQ communities. The ACLU of Wyoming carries out its work through selective litigation, lobbying at the state and local level, and through public education and awareness of what the Bill of Rights means for the people of Wyoming.
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