Immediate Action: How to protect students from ICE at school

Written By Education Justice Coalition of Vermont

Trump has issued an executive order that allows immigration enforcement to have unbridled power in previously protected public spaces, including schools. While this executive order may appear all-powerful, schools still have ways to work to protect students’ rights. No student should have to encounter ICE when trying to access their education. No student should have to fear for their friends, family, or their own safety in the presence of immigration officials, especially in a place of learning. Our community members have put together this resource to provide more information about Trump's Executive Order, and what you can do to make schools a safer place for all students now. 

What Trump’s Executive Order Means in Terms of Sanctuary Schools

Trump issued a new directive regarding ICE on school campuses. Here are some commonly asked question (more legal guidance here):

These guidelines were developed in consultation with lawyers from VT ACLU and VAAP but should NOT be considered formal legal advice.

  1. Can ICE agents enter schools to detain or question students?

    • If ICE has a judicial warrant specifying who they are seeking access to, ICE can access that student. This has not yet been seen on campuses, but is a possibility. 

  2. Does ICE need a warrant to enter our school?

    • As of now, it has yet to be tested whether or not ICE can access a school’s publicly accessible areas without a warrant under Trump’s new directive. Pending clarity on this, schools should ask to see judicial warrants from ICE agents presenting themselves at schools. 

    • What we know is that, regardless of Trump’s directive, ICE agents cannot access private areas of schools without a judicial warrant or private information without a judicial warrant for specifically outlined information. ICE can enter public areas of the school without a judicial warrant. 

  3. What areas in schools are considered public and what areas are considered private? 

    • Areas open to the public such as lobbies, waiting areas and parking lots are considered public, while interior areas and those marked “private” with a sign are considered private.

  4. Can ICE interrupt school drop-off/pick-up?

    • ICE can operate in public areas, which tend to include school drop-off/pick-up spots. 

  5. Can ICE ask for school data?

    • If ICE has a judicial warrant outlining the specific data they are requesting, that is permissible and schools need to comply with that warrant. 

    • Schools should provide only the exact information included in the warrant. Generally, judicial warrants are narrow in scope. 

    • Schools should remember that FERPA outlines a lot of information schools cannot share. 

  6. Does ICE have access to which students are enrolled in different federal programs?

    • More info coming soon!

  7. Can teachers and educators film or record ICE while on school grounds?

    • Yes. If you are asked to stop recording, you do not have to comply other than to

 What can you do now as a school?

  1. Provide specific guidance for ALL staff about what to do if ICE shows up: Who do people call? What actions do they take (or not take) until that person is reached?

  2. Provide information about what a judicial warrant looks like and the difference between a judicial warrant and an administrative warrant.

  3. Communicate with students and families in home language about your commitment to keeping immigrant students, family members, and the larger community safe, including specific action steps you are taking. 

  4. Provide information to educators, students, families, and community about Know Your Rights, community services, legal support, etc. (see an example event held in Burlington in 2017)

Find other resources on this sanctuary schools webpage.

1. Provide specific guidance for all staff

What does communication with educators and other staff look like?

Questions you may want to ask your school district

  1. Are there protocols that should be followed for off campus school events like field trips, sports games etc?

  2. Who do we call if ICE comes to the door?

  3. Should we be labeling areas as private within our schools?

What have other districts and cities done?

What guidance have state or national agencies given?

2. Provide information about what a judicial warrant looks like

It is important to know that the only reason ICE is allowed in private areas of campus or allowed to access confidential student record information is if they have a judicial warrant. A judicial warrant is a very specific legal document signed by a judge, not simply a formal-looking letter. The resources below will help you understand what a judicial warrant is and what it is not. 

3. Communicate with Families and Students: What does communication with families look like?

4. Provide information to educators, students, families and community 

  • Know your rights videos: from ACLU and VT Language Justice

  • Cards in various languages

  • Family planning 

  • Report ICE here - ensure you’re reporting accurate and verified information. 

  • Look up where someone is being held here

  • VAAP website- Community Resources Page - this provides links to resources such as red cards, language videos from ACLU and VT Language Justice Project, Family Planning info, and more. The website translates into 7 languages for ease of access.  

  • For more resources check out: EdJ Sanctuary Schools 

Education Justice Coalition of Vermont
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