It’s long been a policy of Immigration and Customs Enforcement (ICE) to avoid targeting “sensitive locations” like schools, churches, or hospitals for immigration enforcement actions. Less than 24 hours after his inauguration, President Trump reversed this policy.
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.
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.
Here's a visual sample of a judicial vs. administrative warrant (image source):
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.
Pennsylvania law mandates that all students are given a “meaningful opportunity to succeed” in school and forbids any inquiry into a student’s immigration status when they enroll at school.
In short, any attempt by a school official to harass or intimidate Pennsylvania 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:
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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. Under Pennsylvania law, the only information required to enroll a student in school is proof of residency, proof of age, immunization records, and a parent’s statement about the student’s prior discipline history. 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.
Join the movement of welcoming schools
School districts can take many steps to support their immigrant students, including passing a Welcoming Schools resolution and protocol. Here is a model Welcoming Schools resolution and protocol, along with a list of best practices for school districts to follow when developing their own policies. We hope this will be a useful tool for your district or charter school.
If your district would like to discuss your district’s policies, please contact the ACLU of Pennsylvania.
