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| Source: Immigration Impact |
By Sam Piha
“In 2018, nearly 80 percent of educators reported having students who experienced emotional or behavioral problems because they were concerned about immigration enforcement. A portion of those educators said that students felt “nearly overwhelmed by fear and worry.” [1]
President Trump overturned a 13-year-old policy aimed at preventing immigration enforcement from getting in the way of people accessing essential services. United States Immigration and Customs Enforcement (ICE) agents can now more easily make arrests and carry out raids on school property. “In light of the policy change, legal experts and immigration advocates urged schools to act on their legal responsibilities to safeguard and educate all children, regardless of immigration status.” [2]
“With each new raid or series of high-profile arrests...school districts are really bracing for what the impacts might be on parents’ willingness or fears about even driving their children to school, fears about enforcement on school grounds.” [3] - Margie McHugh, director of the National Center on Immigrant Integration Policy for the Migration Policy Institute.
Afterschool programs are particularly vulnerable in the event that ICE performs a raid at their school. These programs serve immigrant youth and communities. They are operating afterschool when there are fewer school officials. Their youth are also vulnerable when they leave the program and head home. These programs are also impacted as youth are fearful and anxious, or not attending school.
It is important that afterschool leaders are knowledgeable about undocumented youth policies (school, municipality or nonprofit organization). Afterschool leaders who operate on a school site should inquire what the policies are regarding ICE raids or removal of undocumented students. Policies and related guidance often varies locally.
News and related policies regarding ICE in schools are being addressed on a daily basis. It is important that program leaders are aware of the rights of undocumented youth and the rights of undocumented parents.
Below are documents that serve as examples of undocumented students’ rights (published by Mobilization for Justice) and policies of a school district (San Francisco Unified School District).
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| Source: Mobilization for Justice |
According to NBC NEWS, “A number of large public school districts in those cities have pledged to complicate the efforts by either muddling cooperation with or refusing to report information to federal immigration authorities and by making it harder for authorities to enter school grounds.” [4]
Your school probably has a written policy and protocols concerning the protection of undocumented students. Below is a policy statement example from San Francisco Unified School District.
“3.6.5 Rights of Undocumented Students
The San Francisco Unified School District is a safe haven for all students regardless of citizenship status. Every student has the right to attend school regardless of the immigration status of the child or of the child’s family members. District policy and resolution provide for the following:
1. Access to Records or Information: District personnel shall not inquire about a student’s immigration status, including requiring documentation of a student’s legal status, such as asking for a green card, citizenship papers or social security number. District staff shall refrain from seeking/maintaining any information about immigration status in written student records. Any requests for student information by ICE Officials shall be referred to the Legal Office to ensure compliance with federal and state law. Compliance with any valid court order shall be strictly limited to the terms of the order.
2. Access to Students on Campus: The School Board has found that the presence of Immigration Officials or Representatives on a school site is likely to lead to a disruption of the educational setting. Therefore, any Immigration Officials or Representatives intending to enter an SFUSD school should first notify the Superintendent’s Office or Legal Office of its intention, with adequate notice so that the District can take steps to provide for the emotional and physical safety of its students and staff; and to allow the Superintendent and Legal Office an opportunity to review the request to determine whether access will be approved.
At a minimum, Immigration Officials or Representatives shall be expected to comply with their agency’s applicable guidelines and limitations regarding access to schools or students. However, in addition to compliance with such policy the Superintendent and Legal Office review shall protect student privacy and limit access to the fullest extent permissible under the law.
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| Source: www.pexels.com |
3. Process When Parents Have Been Detained or Deported: If the school learns that a student’s parent/guardian has been detained and/or deported, the school shall contact all numbers on the student’s emergency card to identify a relative or caregiver authorized to take care of the student in the parents’ absence. It is important that each student emergency card is up to date and includes contact information for all relatives or caregivers authorized to care for the student.
4. Offer Centralized Resources: The District shall establish or expand a central resource with the necessary expertise to support undocumented students and mixed-status families, including but not limited to training counselors and teachers on working with immigrant and undocumented students and their families on issues such as rights to college access, financial assistance for college, employment and career opportunities, and other issues that may arise; gathering and providing information regarding earning opportunities, internships and trainings that do not require a social security number; providing accessible resources or toolkits regarding laws and regulations on equitable access to educational opportunities, access to a school environment free from bullying and discrimination, legal, medical, housing or other assistance; and partnering with culturally and linguistically appropriate organizations with expertise in providing supports and opportunities for undocumented students.
5. Immigrant & Refugee Liaison: The District will provide a liaison at middle and high schools with expertise necessary to offer support and resources to undocumented students and mixed- status families; including but not limited to: establishing school clubs such as a Dreamers Club or confidential support groups for undocumented students through the Wellness program; providing information regarding earning opportunities, internships and trainings that do not require a social security number; providing resources or toolkits at school and through parent events or conferences in multiple languages for community resources for legal, medical, housing or other assistance; partnering with culturally and linguistically appropriate organizations in providing supports and opportunities for undocumented students; connecting with local community partners to provide multilingual workshops designed to teach students their rights, how to remain as safe as possible depending on different legal statuses, and how to organize their communities and allies; and establishing equivalent age-appropriate support programs in elementary schools.
© 2024 San Francisco Unified School District [5]
The issue of ICE raids in schools is a hot topic and is being addressed on a daily basis. In addition to the Endnotes, we also offer some additional resources below.
Articles:
- Trump Returns to the White House. What’s in Store for Schools?
- ‘Students are scared’: Border Patrol raids fuel fear in schools
- Bay Area Schools, Families Worry About Potential ICE Activity Under Trump Law
- California leaders reject Trump administration order to allow immigration enforcement in schools
- San Francisco Immigrant Legal & Education Network Emergency Toolkit
- How Schools Can Navigate Trump’s Immigration Policies
- 10 Strategies for How Schools Should Respond to Help Children Impacted by ICE Raids
- Can ICE now raid churches, schools and hospitals? What we can VERIFY
- Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California’s K-12 Schools in Responding to Immigration Issues
- School Districts Pass Resolutions on Responding to ICE
- What Schools Should Know about ICE Enforcement Actions
- Can Immigration Agents Make Arrests and Carry Out Raids at Schools?
END NOTES
[2] Brooke Schultz & Ileana Najarro, Trump Admin. Lifts Ban on Immigration Arrests at Schools
[3] IBID.
[4] Adam Edelman and Daniella Silva, Public schools try to protect undocumented students from Trump immigration raids
[5] San Francisco Unified School District, 3.6.5 Rights of Undocumented Students
