New ICE Directive

by Stu Madison
On January 21, 2025, Acting Department of Homeland Security Benjamine Huffman issued a directive rescinding the Biden Administration’s guidelines that designated schools and other community services as “sensitive areas”. Those guidelines had stated that to the extent possible, ICE agents should not carry out immigration enforcement activities in these locations.
It is now unclear whether this directive means that ICE will enforce immigration laws on school district properties. Board policy GRA is problematic in that while it addresses state and local governmental authorities, it is silent on the topic of federal authorities. In my opinion, a federal warrant or subpoena will be the determining factor in a number of potential situations.
School Data
FERPA is still FERPA, and personally identifying information may not be shared without the consent of a parent. That means that ICE will have to present a warrant or a subpoena to obtain any FERPA documents if and when they request school data. If your district has a policy making directory information available to the public, that information must be given promptly unless the parents of the child have opted out of providing that directory information to the public.
School Visits
It is recommended to allow ICE agents into your buildings. It is not illegal for immigrants to attend school. As with any unknown visitor, meet with them and escort them to the front office. Ask for and document their law enforcement identification, along with the reason for their visit. Introduce them to the appropriate campus administrator in order to assist them.
Student Interviews
Federal law enforcement access to students should only occur with a warrant. Make a copy of any warrant for school records. As with local law enforcement investigations, interviews should occur in a private and secure location in the building and parents should be promptly notified.
Student Arrests or Detentions
This should only occur with a documented warrant. Parents should be promptly notified.
Employee Interviews
It is not recommended that any school employee answer any law enforcement questions about a student’s immigration status due to FERPA, without a valid warrant or subpoena. They also have the right to have counsel present during any questioning.
With each of these scenarios, it is recommended that you contact your school lawyers immediately to assist.
Potentially Useful Links
Department of Education Resources for Ensuring Equal Access to Education: https://www.ed.gov/laws-and-policy/key-policy-letters/dear-colleague-letter-resources-ensuring-equal-access-education-immigrant-students
NSAA Front Office Checklist for Law Enforcement Visitors: https://nsaassociation-my.sharepoint.com/:b:/g/personal/strainor_nsaa_legal/EfK0vvaVjLJEk7sfoEdUrNMBrJ4b5_zB4scO3Ob12rG4sQ?e=SF2U5a