State Policies on ICE Access to Schools: A Complex Landscape

Andrea Garza notes the presence of ICE near schools in Laredo, Texas, isn't alarming, but a normal occurrence.
At least 23 states weighed laws around ICE and schools this year : NPR

Schools on the Border: Navigating Immigration Enforcement

In Laredo, Texas, the sight of U.S. Immigration and Customs Enforcement (ICE) agents near schools is commonplace, a reality that sets it apart from many other places in the United States. “It’s something very normal here,” says Andrea Garza, a school leader with the United Independent School District, where 94% of the community is Hispanic. This district serves a diverse population, with families who have long-standing roots in the area, as well as more recent arrivals.

Garza is prepared for potential encounters with ICE, emphasizing the protection of students’ rights. “We serve ‘in loco parentis’ for students,” she states, highlighting the role of the school as a guardian when students’ rights are at risk. She insists that if ICE lacks a warrant or subpoena, they will not gain access to the school.

Under Texas state law, local entities, including campus police, are prohibited from obstructing federal immigration enforcement. However, there is a lack of specific state laws that define the extent of ICE’s access to K-12 public schools. This ambiguity is not unique to Texas, as many states lack clear guidelines on this matter, leading to uncertainty for school leaders.

During President Trump’s second term, the administration rescinded a policy that offered protections to schools and other “sensitive” locations from immigration enforcement, prompting concern among educators. Despite assurances from the Department of Homeland Security (DHS) that ICE does not raid or target schools, incidents of ICE agents on school grounds have been reported, leaving educators to navigate a patchwork of state and district policies.

This year, at least 23 states have considered legislative proposals addressing ICE’s role in schools. Most proposals aim to limit federal officers’ access to campuses, while only Mississippi sought to ensure schools cooperate with ICE. Despite the legislative activity, only 12 out of 40 reviewed proposals have become law.

State Responses to Federal Policy Changes

In response to the federal policy shift, several states, including Minnesota and Arizona, have considered legislation to restrict ICE’s access to schools, often requiring warrants for entry. Conversely, Mississippi passed a law mandating cooperation between schools and federal immigration authorities.

Some states have also debated requiring schools to develop procedures for handling immigration enforcement on school grounds. These legislative efforts, however, have met varying degrees of success, with many proposals failing to pass.

Challenges in Implementing Clear Policies

In Minnesota, the absence of clear state laws has left school administrators like Principal Kenny Newby waiting for guidance. Newby relies on his district’s policies, which include verifying paperwork and limiting direct contact between ICE and students. Similarly, Principal Rob Reetz of Mounds View High School highlights the need for state laws to streamline interactions across districts.

Concerns about ICE’s presence in schools are heightened by incidents such as the one reported at Roosevelt High School in Minneapolis, where federal agents allegedly used force on school grounds. Such events contribute to uncertainty among educators about how to handle potential encounters with immigration enforcement.

As states continue to evaluate their policies, school leaders like Newby and Reetz call for clearer expectations to maintain schools as safe spaces for all students.

Edited by: Nicole Cohen
Audio produced by: Lauren Migaki
Research by: Natalie Pate, Nicole Cohen, Sarah Knight, and Barclay Walsh

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