The United States has a long history of mass deportations. So how is this round different? There are many reasons, but perhaps the most notable is that President Trump has removed long-standing restrictions that prevented ICE agents from raiding institutions once considered sacrosanct, like churches, hospitals, and schools. It’s also why this round of deportations presents unique challenges for many teachers.

This is likely true regardless of a teacher’s personal views on immigration or political affiliation. Because ensuring our students feel safe and receive an education is not a personal or political issue. It’s our life’s work. It’s what we do.

What’s going on?

  • This administration has given ICE agents the go-ahead to raid schools.
  • To date, there have been no confirmed ICE raids in public schools. However, the threat of raids and rumors of raids are already having an impact on teachers and students.
  • In many districts, absences are up because families are fearful of raids at school or of leaving their homes.
  • In some areas, parents have been unable to pick their children up from school because ICE agents are targeting apartments where large numbers of immigrants live, effectively trapping residents inside.

What can teachers and schools do?

1. Know the law.

  • Plyer vs. Doe, a landmark 1982 Supreme Court ruling, guarantees all children a right to an education regardless of immigration status.
  • While it’s true that the law now allows ICE agents to raid schools, this doesn’t mean they can violate the Constitution or that they have unlimited access to students or student information.
  • FERPA laws prohibit schools from disclosing personal information about students to third parties, including immigration officials, without parental consent or proper legal documents.
  • Schools are not required to (and in most cases don’t) keep records of students’ immigration status.
  • Schools should consult their attorneys before granting federal agents access to children without parental permission. Failure to do so could subject the school or teachers to legal liability. Schools stand in loco parentis (in place of the parents) when students are on school grounds and are therefore responsible for ensuring students’ rights are protected.
  • Under U.S. law, everyone living in the United States, regardless of immigration status, has the right to remain silent. No one can force students to incriminate themselves.

2. Know your school’s policy.

  • How much schools cooperate with federal agents, within the bounds of the law, will vary from state to state and even district to district. If your school does not have an official protocol for ICE raids or other immigration-related legal issues, talk to your administration about setting a policy that protects children and ensures their Constitutional right to an education.
  • When in doubt, refer agents to the Superintendent before granting access to a student–particularly if agents do not have a warrant.
  • Be sure your school has a policy for children whose parents are delayed or prevented from picking them up at school.

3. Reassure students.

  • Remind them that your classroom is a safe and welcoming place.
  • Remind students that so far, there are no confirmed raids of schools.
  • Do not discuss politics (or politicians) with students in a way that is inflammatory or frightening.

What Can Individuals Do?

Regardless of one’s political affiliation or personal stance on immigration, teachers have a responsibility to ensure all our students receive a quality education. As educators, we also want our kids to feel safe and valued in our classrooms. The current crackdown on immigrants and refugees makes our job harder. Still, knowing the law and some concrete ways to help might make all the difference for a child during this frightening time.

Is ICE Raiding Our Schools? What Teachers Need to Know