In January 2025, the Trump Administration rescinded an immigration enforcement rule that designated schools, houses of worship and select other places as “protected areas.” Learn more about U.S. Immigration and Customs Enforcement (ICE) in schools and how educational institutions can prepare for potential visits.
Rights to education and privacy
Before addressing protocols, it’s important to note that students have rights that can conflict with immigration enforcement in school:
- Plyler v. Doe, 457 U.S. 202 (1982) – students have a right to a public education, regardless of their or their family members’ immigration status.
- Family Education Rights and Privacy Act (FERPA) – students have a right to confidentiality of their records.
With these rights in mind, schools should cooperate with law enforcement agencies, including ICE, to the extent required by law. However, the school must also take appropriate measures to protect the privacy of its students and their families, and to ensure that immigration enforcement does not disrupt the educational environment.
Five tips to prepare for ICE in schools
Prepare for ICE in schools by establishing a protocol and training teachers, staff and administrators on necessary actions and obligations. In addition to remaining calm, cooperative and professional in interactions with ICE agents, here is a five-step response guide:
- Update signage to designate private spaces (if necessary) – unless specified by a verified judicial warrant, an ICE agent only has the right to enter public areas; clearly label entrances and access points as “private areas” if members of the public are not allowed to access them freely without permission.
- Designate at least one administrator to address all ICE matters – this individual should handle all parent, student, enforcement agency and media inquiries regarding immigration matters; staff, especially those in the front office, should immediately notify the administrator in the event of an ICE visit.
- Copy and organize ICE credentials and documentation – designated administrator should make copies of paperwork and submit to school Solicitor, principal, superintendent or CEO for verification, as well as document details of the visit (date, time, etc.), along with the name of the student or staff member the agent is inquiring about, any directives given by the ICE agent and any other relevant information.
- Abide by verified judicial warrants, providing necessary/specified access and information – if an ICE agent attempts to enter nonpublic areas in excess of what is allowed in the warrant, the school has the legal right to refuse entry; do not provide unnecessary access to any students, nonpublic areas of the school building or student documentation.
- Update family and emergency contact information – in advance of any ICE visits, urge families to provide backup contacts to the school in the event they are unreachable; if an ICE agent has a verified judicial warrant that involves a student, ask the agent if the school can notify the student’s parent/guardian and do so immediately if allowed.
Having these protocols in place and providing training to all staff involved can help alleviate uncertainty and protect the rights of students.
Legal guidance for ICE in schools
Students and their families may face uncertainty and fear due to the recent changes in ICE protocol. A communication from the school about how it will address ICE visitations may ease those concerns.
Beyond the recommended preparation above, school administrators should connect with their legal counsel to help ensure they abide by federal laws in respect to ICE and students, balancing the rights of both.
As a reminder, the school and its staff should not inquire about the immigration status of students or their families. Do not offer tips or advice on handling immigration or ICE matters. Do not hide or assist students, employees or families in leaving school premises, providing false or misleading information, or discarding important documents or information. Do not notify a parent or guardian in violation of a warrant.
Failing to cooperate with a judicial warrant, or taking the above actions could be deemed obstruction of an investigation and lead to criminal prosecution under federal law.
