All children, regardless of immigration status, have a constitutional right to an education. All children should feel safe going to school and all parents should feel safe sending their children to school. Tragically, the Trump administration’s decision allowing schoolchildren to be a target creates fear and chaos that no child or parent should have to experience. We urge school districts and educators to create protocols for responding to immigration enforcement. Teachers should be able to focus on teaching, not worrying if ICE will burst into their classroom and drag a child away.
READ THE FULL LETTER with resources & checklist
Prior to January 21, 2025, schools were recognized as a sensitive or “protected area” by the U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). This policy limited immigration enforcement at schools and other locations. The Trump administration’s reversal of this policy means that schools and families must now be prepared for ICE or CBP enforcement operations at or near schools, school playgrounds, or bus stops. Both the ACLU and MIRC have received requests from school administrators and educators asking how best to serve their immigrant students, for guidance on their legal obligations, and how to ensure that schools will remain safe places for all children to learn and grow.
Among other detailed guidance, the letter makes clear that all children, regardless of immigration status, have a right to participate in public education that is protected by the U.S. constitution, as well as Michigan’s constitution and laws. The letter further explains that the rescission of the sensitive locations policy:
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Does NOT override the legal responsibilities of school districts to their students; and
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Does NOT override a school’s legal rights to deny entry to non-public areas in school buildings absent a warrant.
The letter encourages schools to develop protocols for how to respond to ICE enforcement and includes a self-assessment tool that schools can use to make sure they are following the law and protecting students’ rights. The letter also provides resources to help families and schools prepare for situations where parents have been taken away and a child cannot go home.