On the day of his inauguration, President Donald Trump signed several executive orders to eliminate efforts to provide protections for LGBTQ+ students and increase educational access for Hispanic, Native American, and Black students. In one executive order, Trump directed the U.S. government to only recognize two sexes — male and female — based on reproductive cells and directs federal agencies to use its definition of sex to enforce laws, including Title IX. The order also defines “female” as someone who produces “the large reproductive cell” and “male” as someone who produces “the small reproductive cell” and says that “sex” is “not a synonym for and does not include the concept of ‘gender identity.” According to the order, federal funds, should not promote the notion that individuals can assess their own gender or that a spectrum of genders exist, and described such claims as false and labeling them “gender ideology.” At this point, it is unclear how this assessment will immediately impact schools or their LGBTQ+ students.

Also that day, the President also rescinded several Biden-era executive orders that sought to increase educational access to underrepresented students. Among their many goals, they aimed to increase federal funding access to minority-serving institutions, including historically Black colleges and universities and Hispanic-serving institutions. He also struck down  a 2024 executive order that established a White House initiative to increase educational access through Hispanic-serving institutions. 

On the following day, the Trump administration announced a directive ending the practice of Immigration and Customs Enforcement and Customs and Border Protection agents avoiding “sensitive” areas — including elementary and secondary schools, colleges, hospitals and churches — for enforcement actions.

It is expected that legal challenges will mount against these and other actions taken by the President.

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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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On January 21, 2025, the U.S. Department of Homeland Security (DHS) lifted the practice of avoiding immigration enforcement at locations where students gather. In fact, according to DHS, schools are no longer off limits for immigration enforcement operations since elementary and secondary schools, colleges, hospitals, and churches will no longer be considered “sensitive” areas, which used to compel agents from conducting raids in those facilities. Protected areas also included places where children, teens and young adults gather, such as playgrounds, recreation centers, child care centers, school bus stops, vocational or trade schools, and preschools.

A statement from the DHS says that “[c]riminals will no longer be able to hide in America’s schools and churches to avoid arrest. The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense.”

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