January 28, 2025
Written by Natalie Hoernschemeyer, Grant Wiens, Bethany Kirk & Abbey Widick
Missouri public schools are regularly affected by evolving federal guidance on immigration enforcement, issued through a variety of methods including Presidential Executive Orders, departmental guidance, and the formal rule-making process by executive agencies.
U.S. Department of Homeland Security, Immigration and Customs Enforcement (“ICE”), and U.S. Customs and Border Protection (“CBP”)
In October 2021, guidance from the Department of Homeland Security strongly discouraged immigration enforcement actions (including an arrest, search, service of a subpoena, or other action) in or near “protected areas,” including schools.
On January 21, 2025, however, President Donald Trump rescinded the October 2021 guidance from the Department of Homeland Security titled, “Guidelines for Enforcement Actions in or Near Protected Areas.” In the new executive order, schools are no longer considered “off-limits” for immigration enforcement.
Although ICE and CBP may have more leeway regarding immigration actions at schools, the scope of future enforcement in and around schools remains unclear.
Navigating Immigration Enforcement: School Board Policies and Education Laws
As school districts navigate updated federal guidance regarding ICE and CBP actions in and near schools, it will be important to work closely with your legal counsel. In addition to federal guidance from the U.S. Department of Homeland Security and Executive Orders, schools must comply with federal and state laws regarding law enforcement interviews of students and access to student records, laws prohibiting discrimination on the basis of national origin, and Supreme Court precedent on enrolling students in public schools.
School districts may use this moment as an opportunity to review their policies and record-keeping practices. Of course, each individual situation will involve an analysis of the unique circumstances for each student.
Here are some examples of potential ICE and CBP enforcement that could take place at your district, either through written correspondence from a federal agency or through in-person contact by federal agents:
- Request for specific student enrollment records
- Request for specific employee records
- Request for aggregate data about students, families, or employees
- Request to interview a student, parent, or employee
- Request to detain a student, parent, or employee on campus
We’re Here to Help
Our attorneys can walk you through the proactive steps you can take now to prepare your families and staff for possible immigration actions. Our advice is individualized to your situation and recognizes the role your district plays in your local community.
We can help with understanding the overlap between student privacy laws like FERPA, enrollment obligations under state law, and compliance with legal documents such as subpoenas and warrants.
In addition to assisting with the development and communication of internal processes, our attorneys can also assist in the moment with a review of any paperwork provided by a federal agency regarding immigration actions.
Please do not hesitate to contact us with any questions or concerns.
