Alert

Trump on Education: ICE Policy Reversal’s Impact on Schools

February 24, 2025

Since 2011, the U.S. Immigration and Customs Enforcement (ICE) has been restricted by policy from conducting raids and other immigration enforcement actions in “sensitive locations” like schools, churches, and hospitals. However, on January 20, 2025, the administration of President Donald J. Trump issued a statement reversing that policy.

In response, state education departments and local school systems across the country have issued guidance on handling potential visits from federal immigration officials. The guidance, to put it plainly, has been inconsistent and varied. While some districts have implemented clear protocols to safeguard students’ rights, others have offered vague or minimal direction, leaving educators uncertain about how to proceed.

For example, some of the nation’s largest school districts, including those in Los Angeles and Chicago, have reinforced or expanded existing measures designed to protect immigrant students and their families. Some districts have provided explicit instructions to educators and parents on how to handle an immigration agent’s presence on campus. Others have stated that federal agents will not be permitted on school grounds without a judicial warrant and that staff should contact legal counsel if agents do appear. Conversely, several Texas school districts near the U.S.-Mexico border have adopted a “wait and see” approach to avoid causing unnecessary confusion or fear among families.

In a notable outlier, the Oklahoma State Board of Education approved a proposed rule requiring parents to provide proof of U.S. citizenship at the time of enrollment. The proposal also mandates that schools record the number of enrolled students whose parents fail to provide such proof. However, this rule must be approved by both the state legislature and the governor before implementation.

Regardless of the approach taken by states and individual school systems, there are critical legal and practical principles that must be considered:

• Residency and Enrollment Requirements. While states and districts may establish bona fide residency requirements and request proof of residency, they are generally prohibited from collecting or maintaining records of students’ immigration status. This prohibition stems from the U.S. Supreme Court’s decision in Plyler v. Doe, which held that states cannot deny public education to children based on immigration status. Courts have since relied on this ruling to prevent states and local school systems from inquiring about or collecting information related to students’ immigration status. At the college level, however, policies vary widely by state. Some states allow undocumented students to qualify for in-state tuition and state financial aid, while others prohibit such benefits, adding another layer of complexity to immigration-related education policies.

• Access to Student Records. Access to student records is permitted only if the requesting agency presents a valid court order or subpoena that complies with the Family Educational Rights and Privacy Act (FERPA) or applicable immigration laws and regulations. If ICE personnel arrive at the school seeking access to student records or the student, school administrators should request that they specify the legal authority for their request. The school’s legal counsel should be consulted immediately to ensure compliance with federal and state privacy laws before any records are disclosed or any access is granted.

• School Safety is Paramount. Schools have a legal and ethical obligation to ensure the safety and well-being of all students. In carrying out that duty, educators should never physically interfere with or obstruct an immigration officer performing their duties because doing so could endanger the educator and students. Specific procedures should be adopted for staff to follow if and when immigration officers appear at a school.

While the likelihood of large-scale school raids remains low, enforcement actions may be more probable in major metropolitan areas such as New York, Chicago, Los Angeles, and Houston – cities with significant immigrant populations. Given these developments, school systems should proactively review applicable policies and consider drafting clear guidance for staff on how to respond if ICE agents appear on campus.

School officials, educators, and legal counsel should stay informed on this evolving issue and ensure that policies align with both legal obligations and the best interests of students. For further guidance or legal assistance, please contact McGlinchey’s Education team.