FOR IMMEDIATE RELEASE
CONTACT:
Ann Mullen, 313-400-8562, amullen@aclumich.org
DETROIT – The ACLU of Michigan and the Michigan Immigrant Rights Center (MIRC) sent a letter to all Michigan school districts detailing students’ legal rights and how they can protect the rights of immigrant children following the Trump administration’s recent rescission of the “sensitive locations” policy.
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:
- Does NOT override the legal responsibilities of school districts to their students; and
- 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.
Miriam Aukerman, senior staff attorney for the ACLU of Michigan, said:
“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.”
Elly Jordan, staff attorney at Michigan Immigration Rights Center, stated:
“Unfortunately, our new reality is a heartbreaking one in which schools must be prepared for the day that a student is unable to go home because their parents have been taken away. We need our schools to know how to best ensure the legal rights of our kids are upheld, and this letter does just that. We hope to empower advocates throughout Michigan to use this letter and the checklist of best practices to partner with schools to keep our children and our communities safe.”
Dr. Michael F. Rice, State Superintendent, said:
“All children have the right to a free public education, irrespective of citizenship or immigration status, according to the Plyler v. Doe U.S. Supreme Court decision. They also have the right to be free from discrimination. Educators inside and outside the department are concerned that the change in ICE enforcement and the effort to limit birthright citizenship could harm school attendance and student achievement for some of our children. Children should not be afraid to go to school.”
Read the letter here.
Know Your Rights resources in multiple languages can be found here.
American Civil Liberties Union of Michigan is a nonpartisan nonprofit leading the fight to defend and preserve the rights our Constitution and laws guarantee all people through public education, advocacy, organizing, and litigation. We work in concert with the national ACLU, headquartered in New York City, as well as a network of ACLU affiliate offices across the country.
Michigan Immigrant Rights Center (MIRC) is a statewide legal resource center for Michigan’s immigrant communities that works to build a thriving Michigan where immigrant communities experience equity and belonging. MIRC's work is rooted in three pillars: direct legal services, systemic advocacy, and community engagement and education. michiganimmigrant.org
Watch a recording of the media briefing here.
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