Districts set policy after Trump order allows ICE arrests in schools
After a sweeping federal action, school districts across the country have had to plan for what happens when U.S. Immigration and Customs Enforcement agents arrive at a school’s front door.
Places including schools, hospitals, churches, playgrounds and child care centers had been considered “sensitive locations” for ICE since 2011, with federal policy preventing agents from making arrests or civil apprehensions, conducting interviews or preforming searches and surveillance at those locations under most circumstances. U.S. President Donald Trump removed those protections with an executive order last month, just one of more than 20 executive actions the administration has taken during its first month in power aimed at sharpening immigration enforcement.
In the wake of the order, local school districts have set new policies on how they plan to handle ICE investigations on school property and how they plan to communicate with families in light of schools’ lost protective status.
Leadership at Proviso Township High Schools District 209 told Wednesday Journal that they will not allow ICE agents into schools unless the agents provide a criminal warrant signed by a judge.
“Per district policy, any federal agent, including ICE officers, must present a criminal warrant signed by a judge to gain access beyond the front office,” D209 superintendent Krish Mohip said in a prepared statement. “Without that document, they will be treated as any other visitor, and our standard visitor policies will apply. We remain committed to supporting all our students, regardless of their immigration status.”
Forest Park School District 91 will also require a signed criminal warrant before allowing ICE agents into schools.
“ICE officers arrive at a school without a warrant, our staff follow strict district protocols. Non-local law enforcement, including Immigration and Customs Enforcement, are not allowed to enter our schools except when required by law and only after consultation with district legal counsel or district leadership,” D91 spokesperson Nurys Uceta-Ramos said in a statement. “If such a situation arises, staff are instructed to contact the district office immediately so that legal counsel or other trained personnel can determine the district’s legal obligations regarding access and student information. Confidentiality is a priority, and we work to protect the rights of all students and families.”
Oak Park River Forest High School and Oak Park School District 97 leaders have said that they will require signed court orders outlining the scope of what agents are investigating before allowing ICE agents into schools.
“District 97 is firmly committed to ensuring our schools are safe and welcoming spaces for all students, families and staff, regardless of immigrant status,’ D97 Superintendent Ushma Shah said in a statement. “Visitors to our schools are subject to the Board of Education Visitor Policy, which requires all visitors to go through the proper screening at our building’s main offices before entering. Building and central office administrators work jointly in the event of a visit by an immigration enforcement agency. In an instance where a building is visited by such an agency without a valid court order identifying the purpose/scope of the visit, they will be directed to the administrative building at 260 Madison St. for additional assistance and to minimize disruption to the school day. We continue to monitor this landscape and are working closely with our legal team, administrators and staff to ensure we are well-prepared if such a situation arises.”
Village of Oak Park leaders have also said that Oak Park police will not aid ICE in investigations.
D209 also implemented a districtwide policy change at its Feb. 11 meeting requiring staff to notify a student’s parents and make an effort to have the parents present at the school before allowing any immigration enforcement officer to make contact with a student.
“This is a challenge for many of our students, and this is not a political statement but rather we want to make sure our attendance rates stay high,” Mohip said during the meeting. “We want to make sure all our students feel safe when coming to school, so I want to applaud our administrators who came in on Jan. 19, on a Sunday, to talk this through and to get trained with help from our legal team.
“This is just one more step to cement our policies to protect our children.”
More than 25% of Proviso D209 students are considered English language learners, students for whom English is not their first language and are not yet proficient in either speaking, reading or writing in English. English learners account for more than 2% of the student body at OPRF, 3.7% of the student body in Oak Park D97 and 8.5% of Forest Park D91.
Oak Park immigration law attorney Brenda Treml said the order threatens immigrant children’s ability to feel safe in school.
“The removal of the sensitive location protections afforded to schools is deeply concerning for immigrant families and school communities as a whole,” Treml said. “Even if enforcement actions do not take place, the threat alone can make students feel unsafe and hinder their ability to focus on learning. It is essential that families understand their rights so that no child’s education is disrupted by fear. The broader community can help by staying informed, advocating for protections, and supporting policies that ensure every child feels secure in their school environment.”
While the sensitive location policy remained in effect during his first term in office, U.S. President Donald Trump removed those protections with an executive order last month, just one of more than 20 executive actions the administration has taken during its first month in power aimed at sharpening immigration enforcement.
“Criminals will no longer be able to hide in America’s schools and churches to avoid arrest,” the Department of Homeland Security said in a statement following the order. “The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense.”
ICE arrested more than 8,000 immigrants for deportation during Trump’s first two weeks as president. The president has pushed the agency to arrest 1,300 people a day on average in order to deport 1 million people by the end of the year, according to NBC News.
The Illinois State Board of Education released guidance to school districts on how they should set policy in the wake of the new federal immigration enforcement guidelines. The ISBE has encouraged districts to establish uniform protocols on what sort of documentation they will require enforcement agents to provide before allowing them to enter schools.
The ISBE guidance also pointed to a potential point of friction the executive order, as the 1981 U.S. Supreme Court Decision in Plyer v. Doe, which established that school districts had a responsibility to educate children regardless of their immigration or citizenship documentation. The state warned school districts against putting in policies that require a parent to disclose their or their child’s immigration status during enrollment process so as not to violate federal law.
There are estimated to be more than 77,000 total immigrant children in Illinois, according to the American Council on Immigration. The Migration Policy initiative estimates that there are 16,000 unauthorized immigrant children under 16-years-old in Illinois.
