{"id":76532,"date":"2025-04-14T00:03:24","date_gmt":"2025-04-14T04:03:24","guid":{"rendered":"https:\/\/world.edu\/?p=76532"},"modified":"2025-04-14T00:03:24","modified_gmt":"2025-04-14T04:03:24","slug":"ice-can-now-enter-k-12-schools-%e2%88%92-heres-what-educators-should-know-about-student-rights-and-privacy","status":"publish","type":"post","link":"https:\/\/world.edu\/ice-can-now-enter-k-12-schools-%e2%88%92-heres-what-educators-should-know-about-student-rights-and-privacy\/","title":{"rendered":"ICE can now enter K-12 schools \u2212 here\u2019s what educators should know about student rights and privacy"},"content":{"rendered":"

\"\"<\/p>\n

United States federal agents tried to enter two Los Angeles elementary schools on April 7, 2025, and were denied entry,\u00a0according to the Los Angeles Times<\/a>. The agents were apparently seeking contact with five students who had allegedly entered the country without authorization.<\/p>\n

The Trump administration has been\u00a0targeting foreign-born college students<\/a>\u00a0and\u00a0professors for deportation<\/a>\u00a0since February 2025. This was the first known attempt to target younger students since the U.S. Department of Homeland Security in January\u00a0rescinded a 2011 policy<\/a>\u00a0that had limited immigration enforcement actions in\u00a0locations deemed sensitive by the government such as hospitals, churches and schools<\/a>.<\/p>\n

\u201cCriminals will no longer be able to hide in America\u2019s schools and churches to avoid arrest,\u201d the\u00a0department said on Jan. 21, 2025<\/a>.<\/p>\n

Roughly 600,000\u00a0migrant students without legal status are enrolled in the U.S public education system<\/a>.<\/p>\n

Many K-12 educators are worried<\/a>\u00a0that Immigration and Customs Enforcement could start removing students from classrooms. In some places, including New York City, school attendance has decreased over fears that children\u00a0could be swept up in a raid<\/a>.<\/p>\n

I am a\u00a0scholar who studies the intersection of U.S. law and the public education system<\/a>. Under U.S. law, ICE can now legally enter K-12 school grounds. That makes it important for students and schools to understand their rights under the law.<\/p>\n

The federal government<\/strong><\/h3>\n

Article 1, Section 8, of the U.S. Constitution<\/a>\u00a0gives Congress the ability to regulate immigration and \u201cprovide for the common defense and general Welfare of the United States.\u201d<\/p>\n

This last clause was used following the 9\/11 terrorist attacks of 2001 as the constitutional basis to establish the Department of Homeland Security and create ICE as one of its security agencies. ICE enforces over 400 federal statutes dealing with immigration, including the\u00a0Immigration and Nationality Act of 1952<\/a>, which allows it to investigate and detain certain noncitizens.<\/p>\n

This law can place schools and their staff in a potentially conflicted legal position if ICE starts targeting schools, because educators have legal obligations to their students.<\/p>\n

Title VI of the Civil Rights Act of 1964<\/a>\u00a0requires public schools to educate every student without regard for their citizenship or immigration status. Meanwhile, residents of all 50 U.S. states have the right to a\u00a0free and public education under their state\u2019s constitution<\/a>.<\/p>\n

Under the laws governing immigration and ICE\u2019s role in enforcement, educators cannot\u00a0obstruct an ICE investigation or knowingly hide students<\/a>.<\/p>\n

Laws and court precedents<\/strong><\/h3>\n

The U.S. Supreme Court has additionally ruled that students who are not legally living in the U.S. have the same right to an education as any other child.<\/p>\n

In the 1975 U.S. Supreme Court decision\u00a0Plyler v. Doe<\/a>, the justices struck down a Texas law allowing the state to withhold school district funds for educating children without legal immigration status. The court said the law was unconstitutional because it violated the\u00a0equal protection clause of the 14th Amendment<\/a>, which reads in part that no state shall \u201cdeny to any person within its jurisdiction the equal protection of the laws.\u201d<\/p>\n

Plyler v. Doe asserted that \u201cperson\u201d meant just that \u2212 a person, not necessarily a citizen.<\/p>\n

Around the same time, the\u00a0Family Educational Rights and Privacy Act<\/a>\u00a0was enacted to protect personal student information from release to a third party. That includes law enforcement and ICE, except under three circumstances: the parents consent to the release; a school directory includes student information; or a court orders the school to release the information.<\/p>\n

Finally, the\u00a0McKinney-Vento Homeless Assistance Act<\/a>\u00a0says that schools must enroll and educate students who are with unstable living situations, including migrants, without discrimination.<\/p>\n

In addition to these federal laws and cases, many states have additional laws that encourage the education of local K-12 students who lack citizenship or residency status. In Michigan, for example, the\u00a0Elliott-Larsen Civil Rights Act of 1976<\/a>\u00a0prohibits discrimination based on national origin and race in schools, including in admissions and expulsions.<\/p>\n

School districts and ICE<\/strong><\/h3>\n

What can K-12 educators do if they find themselves confronting contradictory legal obligations \u2212 that of educating all students and that of not impeding a criminal investigation?<\/p>\n

Interpreting conflicts in the law is the job of judges \u2212 not teachers, ICE agents or academics. The following guidance may help districts prepare for immigration enforcement in K-12 schools:<\/p>\n

1. Get ready.<\/strong>\u00a0Every school district should develop a process and protocol for how to engage with law enforcement in general and ICE specifically.<\/p>\n

This plan would involve coordination between the school principals and district superintendent, as well as, most importantly, the district\u2019s lawyers. Traditional school corporate counsel may not have much experience in criminal law; engaging additional counsel with experience in criminal procedures and Fourth Amendment protections can be helpful.<\/p>\n

Everyone should understand their role in the plan. Administrative assistants are likely to be the first people engaged when ICE shows up to the school. Do they know what to do?<\/p>\n

2. Collect data thoughtfully.<\/strong>\u00a0There is no state or federal mandate for schools to document citizenship for K-12 school enrollment, though some states are considering\u00a0requiring proof of citizenship or legal immigration status for enrollment<\/a>, including Oklahoma, Indiana, Texas, Tennessee and New Jersey.<\/p>\n

3. Obey the law.<\/strong>\u00a0The\u00a0Family Educational Rights and Privacy Act<\/a>\u00a0forbids sharing certain information about students with outsiders, including law enforcement. As a rule, then, staff should always avoid discussing students beyond what they are required to do as a function of their employment. Many school board policies ensure that the information they\u00a0release publicly about enrolled students is minimal<\/a>.<\/p>\n

4. Understand how warrants work.<\/strong>\u00a0Just because a school is public does not mean that anyone can just come into a classroom, and\u00a0that includes the police or ICE<\/a>. A warrant may not be required to detain or arrest a student on the spot, but law enforcement must produce one to access any nonpublic areas of the school in search of that student. They must also show a warrant to see student records or other information, unless parents have previously consented to this information being shared.<\/p>\n

Under exigent circumstances, such as if\u00a0the public is at risk of imminent harm<\/a>, a warrant may not be required for police to enter the school.<\/p>\n

5. Keep records.<\/strong>\u00a0If ICE does knock on the schoolhouse door, administrators should be sure to prepare a report, in accordance with school board policies, for the school district\u2019s records that describes everything that happened and retain all documentation.<\/p>\n

Author Bio:<\/strong> Brian Boggs is Assistant Professor of Policy and Educational Leadership at the University of Michigan<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

United States federal agents tried to enter two Los Angeles elementary schools on April 7, 2025, and were denied entry,\u00a0according to the Los Angeles Times. The agents were apparently seeking contact with five students who had allegedly entered the country without authorization. The Trump administration has been\u00a0targeting foreign-born college students\u00a0and\u00a0professors for deportation\u00a0since February 2025. This […]\n… learn more→<\/a><\/p>","protected":false},"author":33,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[15645],"tags":[7938],"coauthors":[11733],"class_list":["post-76532","post","type-post","status-publish","format-standard","hentry","category-education","tag-ice"],"acf":[],"yoast_head":"\nICE can now enter K-12 schools \u2212 here\u2019s what educators should know about student rights and privacy - World leading higher education information and services<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/world.edu\/ice-can-now-enter-k-12-schools-\u2212-heres-what-educators-should-know-about-student-rights-and-privacy\/\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:locale\" content=\"en_US\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:type\" content=\"article\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:title\" content=\"ICE can now enter K-12 schools \u2212 here\u2019s what educators should know about student rights and privacy - World leading higher education information and services\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:description\" content=\"United States federal agents tried to enter two Los Angeles elementary schools on April 7, 2025, and were denied entry,\u00a0according to the Los Angeles Times. 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