Immigrant rights groups are calling on school districts across the state to adopt policies that safeguard children from immigration enforcement actions after the Trump administration’s recent decision to rescind the longstanding “sensitive locations” policy.
The ACLU of Michigan and the Michigan Immigrant Rights Center (MIRC) have issued a letter to school districts outlining students’ legal rights and how educators can ensure schools remain safe spaces for children.
For years, U.S. Immigration and Customs Enforcement (ICE) and the U.S. Customs and Border Protection (CBP) had recognized schools as protected areas and limited enforcement actions on school grounds, playgrounds, and bus stops. But that policy was overturned on Jan. 21, leaving immigrant families and school officials scrambling to prepare for the possibility of enforcement operations near or even inside schools.
“All children, regardless of immigration status, have a constitutional right to an education,” Miriam Aukerman, senior staff attorney for the ACLU of Michigan, said at a news conference Tuesday. “All children should feel safe going to school, and all parents should feel safe sending their children to school. Tragically, the Trump administration’s decision allowing schoolchildren to be a target creates fear and chaos that no child or parent should have to experience.”
With ICE agents increasingly spotted in immigrant neighborhoods, including Southwest Detroit, school attendance among immigrant children has drastically declined. In some cases, as many as half of the students are not attending school, activists say.
The letter reminds educators that the federal government’s revocation of its “sensitive locations” policy does not affect the constitutional rights of immigrant children or the district’s duty to its students. But it does make “it more likely that immigration enforcement operations will take place at schools,” the letter states.
Immigrant rights groups are urging school districts to establish clear protocols for responding to potential immigration enforcement actions and include a self-assessment tool to ensure compliance with the law. The letter also provides resources to help families prepare in the event that parents have been detained and a child cannot return home.
“Every district should develop procedures in consultation with legal counsel, if it has not done so already, to be prepared for immigration enforcement at or near schools, school events, bus stops, etc,” the letter states. “Schools must protect students’ rights, including their Fourth Amendment rights against unreasonable searches and seizures, their Fifth Amendment right against self-incrimination, and their privacy rights under Family Educational Rights and Privacy Act (‘FERPA’), as well as numerous other laws.”
Activists referenced the U.S. Supreme Court’s Plyler v. Doe decision, which guarantees undocumented children’s access to public education.
The letter also emphasizes that schools should not inquire about students’ immigration status and that children have a right to an education, regardless of their status.
“Our aim is to ensure that schools know the law and can do everything possible to support children and their families,” Elinor Jordan, managing attorney from Michigan Immigrant Rights Center, said. “All Michigan children have a right to access our public education system but they’re required by law to attend. Parents’ fears are complicated by their concerns that they could be punished for trying to keep their families safe by avoiding school.”
Activists worry about the impact on children.
“This heightened fear and withdrawal from community activities takes a toll on children’s health,” Jordan said. “No one should be afraid to go to school.”
State Superintendent Michael F. Rice emphasized the importance of protecting students from fear-driven disruptions to their education.
“All children have the right to a free public education, irrespective of citizenship or immigration status, according to the Plyler v. Doe U.S. Supreme Court decision,” Rice said. “They also have the right to be free from discrimination. … Children should not be afraid to go to school.”
With so many children fearful of attending school, activists are worried about the long-term ramifications on students. In Plyler v. Doe, the Supreme Court warned against the creation of a “permanent underclass” in American society. In his majority opinion, Judge Williami Brennan argued that denying undocumented children access to an education would effectively condemn them to a lifetime of disadvantage.
“We have seen the benefits that it has had to our full society for children to have access to the education they deserve,” Jordan said. “If you look at the world where children have an inability to access the kind of education that is available to others, the Supreme Court said this would create a permanent underclass of people, and that is incredibly terrible to hear and chilling to think about. We don’t want to live in a world where we have that permanent underclass.”
Aukerman said that fears of immigration enforcement actions at schools are causing unnecessary distractions for students, teachers, and administrators.
“Teachers should be able to focus on teaching, not worrying if ICE will burst into their classroom and drag a child away,” Aukerman said.
