The ACLU of Ohio has issued guidance for school districts on how to respond if immigration agents show up on school grounds.
A previous policy prevented agents from U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) from entering sensitive areas like schools, hospitals, and churches to make arrests. That policy was rescinded in the first days of the Trump administration, raising concerns about student safety among educators and families in districts like Cincinnati Public Schools.
While some districts have shared legal guidance internally, the ACLU of Ohio shared a memo Tuesday with information for school administrators and employees about the rights students have and the laws districts are obligated to follow despite the change in federal policy.
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What the memo says
The memo says federal law requires students to have access to public education regardless of their immigration status, and Ohio law requires districts to have policies in place that prohibit bullying and intimidation of students, which applies to students who are undocumented.
Amy Gilbert, senior staff attorney for the ACLU of Ohio, says districts in the state likely already have policies in place for dealing with law enforcement in and near school buildings. Still, they may need to be reviewed to provide clarification.
"If there is a need to go through and update their policies to ensure ICE agents are also included in that protocol so that all staff are aware, then that would be wise," Gilbert told WVXU.
Additionally, the ACLU says school districts need to focus on educating and training staff members on the nuances of law enforcement warrants and subpoenas, particularly the difference between a judicial warrant and an administrative warrant.
What's the difference?
The National Immigration Law Center defines a judicial warrant as a document signed by a state or federal judge that must be followed. These types of warrants are issued if someone is found to be connected to a criminal investigation, meaning there are consequences for not complying with a judicial warrant.
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On the other hand, an administrative warrant is issued by a federal agency like the Department of Homeland Security (DHS) and usually signed by an immigration officer. This type of warrant is used for civil immigration violations. It does not authorize a search of property, so ICE agents can't enter a school building with an administrative warrant alone.
Other recommendations
The ACLU of Ohio also says while all school staff should be trained on what to do in these situations, schools should also have a designated person in their buildings, like a principal, to deal with law enforcement officers and consult school district attorneys.
Local school districts, including Cincinnati Public and Princeton City Schools, have shared statements of support for immigrant and undocumented students, which Gilbert says can go a long way. She wants school districts to consider the ACLU's guidance so staff and students can feel secure.
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"Hopefully this letter and this guidance does provide schools with a foundation and support to start putting out their own message to ensure they are a welcoming community," she said.
Existing school policies on law enforcement procedures can usually be found online in local board of education policy manuals under their "students" section.
