Education associations and immigration advocacy groups have been evaluating what a January 21st U.S. Department of Homeland Security (DHS) directive that lifted the practice of avoiding immigration enforcement at locations where students gather would actually mean to schools. In a message posted to its website on Jan. 21, The School Superintendents Association (AASA) said it was unclear if the directive means that ICE enforcement activities would take place on school property. AASA also posted a reminder that the 1982 U.S. Supreme Court decision in Plyler v. Doe said states cannot constitutionally deny students a free public education based on their immigration status.

AASA  said it anticipates that ICE agents may request data from schools and advises school leaders to ensure staff are trained on the protections for students’ data under the Family Educational Rights and Privacy Act (FERPA). AASA has also offered recommendations in an online posting for how to prepare for potential ICE enforcement on school campuses, what to consider if a student’s parents have been detained, and other potential scenarios.

In addition, in a fact sheet on the DHS policy change, the National Immigration Law Center (NILC) said all people in the U.S. have certain rights regardless of immigration status, including Fourth Amendment protections from unreasonable searches and seizures and the Fifth Amendment right to remain silent when confronted by law enforcement.
Likewise, the National Newcomer Network (NNN), a project of The Century Foundation, outlined three main recommendations for districts and schools:
-Stay updated on federal policy. A district’s legal team should analyze changes to policy and communicate those interpretations to district and school leaders.
-The district should develop or re-release guidance on how school staff should interact with immigration enforcement authorities. Guidance, training materials and best practices should be shared with front office staff, bus drivers and other employees. 
-School leaders should reaffirm their commitment to children and families, including by sharing resources about their rights to education and any available community-based supports. 

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