Immigration Enforcement: A Guide for School Officials

One of the most important responsibilities of school administrators is to ensure the safety and well-being of students. Due to recent immigration policy changes, many educators are concerned with how they will respond if forced to deal with immigration enforcement on their campuses.

RIGHT TO PUBLIC EDUCATION

In 1982, the Supreme Court clarified that public education was so essential to our nation's fundamental liberties that no state could deny children equal protection under the law. Plyler v. Doe, 457 U.S. 202, 220, 221 (1982). In that case, the Court struck down a Texas law that denied funding to public schools for educating undocumented immigrant children. In doing so, the Court noted that “Denial of access to public education would impose a lifetime hardship on a discrete class of children not accountable for their disabling status.”.

As a result of the decision in Plyler, public schools must provide universal access to all students. Essentially, undocumented children are entitled to the same education that U.S. citizens and lawful immigrants receive. Public schools are also prohibited from discriminating against a student based on his or her immigration status.

IMMIGRATION ENFORCEMENT IN SCHOOLS

Since 2011, The Department of Homeland Security (DHS) has designated certain locations as "sensitive". These locations included hospitals, schools, and places of worship. Furthermore, DHS’s policy provided that unless there were exigent circumstances (national security, terrorism, etc.) agents would not engage in immigration enforcement at these “sensitive locations”.

On January 20th 2025, President Trump signed an executive order entitled “Protecting the American People Against Invasion”. Shortly after that order was signed, the then Secretary of Homeland Security, Benjamine Huffman, rescinded the long-standing policy regarding enforcement at “sensitive locations”.

“This action empowers the brave men and women in CBP and ICE to enforce our immigration laws and catch criminal aliens—including murders and rapists—who have illegally come into our country. Criminals will no longer be able to hide in America’s schools and churches to avoid arrest. The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense.” -Department of Homeland Security

As of this writing, it is unclear if or how immigration will be enforced in these locations. Regardless, the policy change is enough to force school officials to think about how they will respond if complying with requests from immigration enforcement officials.

TN LEGAL UPDATE

In the 2025 special legislative session, TN passed an immigration enforcement bill that would create an immigration enforcement division, incentivize local law enforcement to work with immigration officials, and criminalize officials who adopt sanctuary policies. Lastly, the law limited the type of driver's license the Department of Safety could provide to undocumented residents.

TIPS FOR SCHOOLS OFFICIALS

1. Understand FERPA – The Family Educational Rights and Privacy Act (FERPA), protects student records. Accordingly, school officials should not release student information without parent consent unless they are presented with a valid court order or judicial warrant.

2. Understand the Difference Between Judicial Warrants and Detainers (detainer warrants).

   1. Judicial warrants are legally binding orders issued by a judge. School officials are obligated to comply with such orders if presented with judicial warrants.

   2. Detainers (sometimes called detainer warrants) is a request from law enforcement (in this case ICE). They are not a legal requirement and schools are not obligated to comply with detainers.

3. Notify Parents – School officials should notify a parent anytime their child is at risk. Accordingly, it is best practice to notify parents if the school receives a detainer request related to their student.

4. Check ID, Verify Documentation, Call Legal Counsel

   1. Ask to see identification. If your school has an SRO, get them involved. They are more experienced in reviewing these documents.

   2. Contact your school's legal counsel.

5.     Clear Procedures, Educate Staff, and Document

1. Develop procedures for staff to follow if approached by immigration officials.

   1. Designate personnel authorized to review warrants and detainers.

   2. Designate personnel authorized to interact with immigration officials.

2. Make sure staff understand student privacy and their legal boundaries when working with law enforcement.

3. Document – Record the date and time of the interaction, the nature of any request, and the names of all immigration officials.