On January 21, 2025, the Department of Homeland Security (“DHS”) issued a statement rescinding previous guidance limiting enforcement actions in school buildings. This may increase the chance of interactions between school district personnel and federal immigration authorities.
Background: In previous years, Immigration and Customs Enforcement (“ICE”) and Customs and Border Protection generally did not conduct enforcement actions – including arrests, searches, and serving subpoenas – in or near protected areas. Protected areas included schools, medical facilities, playgrounds, crisis centers, shelters, and similar organizations. Absent specific exigent circumstances, federal agents were required to obtain prior approval from headquarters before taking an enforcement action in a protected area. The goal of limiting enforcement actions in these areas was to minimize the chances that people would decline to access the services provided there, e.g., refusing to send children to school.
Developments: The new administration promptly signaled its interest in revising the above regulations. Specifically, on January 21, 2025, the Acting Secretary of DHS published a statement rescinding previous guidelines that “thwart law enforcement in or near so-called ‘sensitive’ areas.” The directive further announced that “criminals 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.”
Considerations for Your District: It is unclear whether additional DHS guidance is forthcoming and to what extent federal immigration officials plan to conduct enforcement activities in Ohio’s schools. In preparing to address these developments proactively, school districts may wish to consider:
- Anticipating Possible Challenges. Interactions with federal immigration officials may include not only in-person enforcement actions, but also requests for documents, information, and interviews of staff or students. It will be important to think through possible scenarios and develop protocols for administrators and staff.
- Reviewing Policy and Guidelines. Your district may have existing procedures and practices for working with and/or responding to requests from law enforcement and other government agencies. These may be helpful in guiding administrative decision-making and planning. Alternatively, your district may wish to adjust existing policies and guidelines to address possible enforcement actions in a proactive manner.
- Working with Counsel. Each district serves unique communities with particular concerns and perspectives. Thus, it will be important to work with counsel to develop a practical approach that complies with the law and meets your community’s needs.
For more information, please contact Miriam Fair or one of the other education attorneys in Weston Hurd’s Education Law Group. We would be happy to assist your administrative teams in navigating these complex challenges.
