ISTOCK.COM/DANIELFELA

U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the U.S. Department of Homeland Security (DHS). It has more than 200,000 officers across more than 400 locations across the globe and operates an $8 billion dollar budget (History of ICE, n.d.). The primary responsibility of the agency is to “promote homeland security and public safety through the criminal and civil enforcement of federal laws governing border control, customs, trade, and immigration” (History of ICE, n.d.).

The recent and renewed concerns about the detention and arrests of undocumented students and their families began after the Trump administration’s announcement of ICE raids in major American cities. On January 20, 2025, DHS issued a directive to expand law enforcement authorizing ICE agents to enter “sensitive” locations such as schools and churches to arrest undocumented persons. The directive rescinded the sensitive locations policy, a decades-long policy prohibiting federal immigration law enforcement officers from entering sensitive areas. In response, school districts have proactively made statements about relevant district policies and their position on protecting undocumented students. This column provides an overview of the evolving policy context and presents examples of how school districts have responded. It concludes with recommendations and resources to help school leaders navigate the recent changes in the federal government’s approach to immigration law.

Sensitive Locations Policy

DHS has maintained standing guidance since 2011 prohibiting ICE agents from enforcement actions such as arrests and surveillance from certain locations due to their “sensitive” location. Under this policy, “sensitive locations” included, but was not limited to, elementary and secondary schools, and postsecondary institutions absent prior approval, exigent circumstances, or other law enforcement actions. In 2021, the Biden administration expanded the definition of a “sensitive location” to include schools, health-care facilities, places of worship, places where children gather, social services establishments, disaster and emergency response sites, weddings, funerals, parades, and demonstrations (Mayorkas, 2021, pp. 2–3). The definition of a “school” included preschools, K–12 schools, institutions of higher education, and vocational or trade schools. Additionally, school bus stops, after-school care centers, and religious schools were included under “places where children gather” and “places of worship.” In the memorandum, the Biden administration also prohibited ICE agents from enforcement actions on sidewalks, entrances, and parking lots “near” these sensitive locations.

The decision to rescind the sensitive locations policy is facing multiple legal challenges.

The Biden administration acknowledged the uniqueness of these locations as important to the “well-being of people and the communities of which they are a part” (Mayorkas, 2021, p. 2). It also emphasized the profound impact an enforcement action would have on children’s willingness to go to school and receive an education or family involvement in the “essential services or activities” that occur at schools (Mayorkas, 2021, p. 2).

Rescission of Sensitive Locations Policy

On his first day in office, President Trump issued multiple executive orders to limit immigration as well as advance his goals to deport millions of immigrants in the country. One executive order called for the attorney general and secretary of homeland security to rescind the Biden administration’s sensitive locations policy (also referred to as “sanctuary jurisdictions”). The Acting DHS Secretary Benjamine Huffman issued two directives, one of which effectively rescinded the sensitive locations policy (DHS, 2025). The rescission effectively means schools no longer enjoy protection from ICE enforcement and instead, students and school employees must rely on constitutional protections in these spaces.

The following legal protections continue to protect students, families, and school employees:

  • The Fourth Amendment protects individuals from unreasonable searches and seizures and the Fifth Amendment ensures the right to remain silent when confronted by law enforcement.
    • An important exception to these constitutional protections is within 100 miles of a land or sea border, in which U.S. Customs and Border Protection (CBP) have special legal authority to search buses, trains, and boats for undocumented persons (Pearson, 2025).
  • ICE agents require a judicial warrant to enter schools.
    • A judicial warrant is a formal written order, signed by a judge, that authorizes ICE agents to make an arrest and/or conduct a search or seizure. A judicial warrant is distinct from an administrative warrant; the latter is signed by an immigration judge or an immigration officer and does not grant the right of ICE agents to enter non-public spaces.

District Responses to ICE Agents on School Grounds

Immediately following the executive orders, districts responded to the threat of federal law enforcement officers on school grounds. The reactions were not limited to one area; districts responded across the country in the Midwest, South, West, and East. For example, Indianapolis Public School (IPS) communicated to families that the district will prohibit ICE agents from entering schools without a judicial warrant (Dauphinais, 2025). In the email, IPS included a link for online resources and information for undocumented students and families, which provides an overview for all students and families to know their rights if they are confronted by federal law enforcement. Publicly posted resources include emergency preparedness, legal resources, and community education services. The website also includes information for the National Immigration Law Center and its online resources, including Know Your Rights: What to Do if You are Arrested or Detained by Immigration, a resource in multiple languages.

Chicago Public Schools (CPS) posted “Updates For CPS Families Regarding New Presidential Administration” on its website, outlining the rescission of the sensitive locations policy and how it impacts the operation of schools. Importantly, CPS outlined actions to protect students, staff, and families, including not asking about the immigration status of families; not sharing student records with ICE; not permitting ICE agents access to schools unless they have a federal judicial warrant; and not admitting ICE agents into schools with an administrative warrant or any documents issued by an agency enforcing civil immigration law. The Chicago Teachers Union (CTU) held “walk-ins” for their students over growing concerns of ICE officers in schools (Wade, 2025). Both CTU members and parents spoke to the impacts on students, families, and the broader community.

Similarly, many Los Angeles Unified School District (LAUSD) students protested. The district distributed “Know Your Rights” cards with instructions for how to respond if approached by an immigration agent. After reports circulated of people impersonating ICE agents, the superintendent confirmed that LAUSD was providing mandatory staff training to prepare school employees to respond to potential immigration raids at or near schools (Hylton, 2025). The district emphasized that “they are committed to protecting the legal and privacy rights of students and staff” and clarified that “school official do not collect or share information about the immigration status of students and their families” (Hylton, 2025).

In South Florida, the Broward County Public Schools superintendent issued a memo to the county’s principals providing guidance on immigration-related questions (Maldonado, 2025a). Miami-Dade County Public Schools issued the same guidance. The district’s assistant superintendent emphasized its commitment to a safe learning environment and stated that, under the Family Educational Rights and Privacy Act (FERPA), no student information will be released without authorization (Maldonado & Murray, 2025).

In Massachusetts, at the state level, the attorney general published “Guidance regarding K–12 Schools’ obligations to protect students and their information” for schools to follow in the event they are confronted by ICE agents. The guidelines include information for students and families about equal access to a free public education; enrollment policies and the data schools collect; the role of general counsel when ICE agents request to meet or interview students; and information to contact the attorney general’s office.

It is worth noting that the decision to rescind the sensitive locations policy is facing multiple legal challenges. For example, Denver Public Schools alleges that fear of immigration enforcement at school has interfered with the school district’s ability to fulfill its mission. The district notes a decrease in attendance and significant costs associated with the change in policy, including the cost of training employees. It will be important for educational leaders to follow this lawsuit (Asmar, 2025).

Recommendations and Resources

The flurry of executive orders and constant change of federal immigration policies can be difficult to follow. School leaders should consider the above examples demonstrating leadership from district and state leaders. They may decide to implement some of those same actions when responding in their individual districts. Administrators should also consult with their district attorneys and turn to their district and state leaders to ensure compliance with federal immigration law while maintaining the safety and well-being of all students.

School leaders should also refer to resources from the organizations listed below. Administrators may opt to share these with families in their districts.

References

Asmar, M. (February 12, 2025). Denver Public Schools sues feds to stop immigration enforcement at schools, ‘sensitive locations.’ Chalkbeat Colorado. chalkbeat.org/colorado/2025/02/13/denver-district-sues-ice-to-stop-immigration-enforcement-at-schools/

Dauphinais, S. (January 23, 2025). IPS won’t allow ICE inside schools without a warrant. WYFI. wfyi.org/news/articles/ips-wont-allow-ice-inside-schools-without-a-warrant

Hylton, C. (February 7, 2025). Superintendent Carvalho addresses reports of individuals impersonating ICE agents in communities. CBS News. cbsnews.com/losangeles/news/superintendent-alberto-carvalho-impersonating-ice-agents-immigration-raids/

Maldonado, M. (January 28, 2025). What if ICE shows up at school? Broward officials issue guidance. CBS News. cbsnews.com/miami/news/what-if-ice-shows-up-at-school-broward-issues-guidance/

Maldonado, M., & Murray, J. (January 28, 2025). South Florida school districts vow to protect student privacy amid deportation fears. CBS News. cbsnews.com/miami/news/south-florida-school-districts-vow-to-protect-student-privacy-amid-deportation-fears/

Mayorkas, A. N. (October 27, 2021). Guidelines for enforcement actions in or near protected areas. U.S. Department of Homeland Security. dhs.gov/sites/default/files/publications/21_1027_opa_guidelines-enforcement-actions-in-near-protected-areas.pdf

Pearson, L. D. (January 21, 2025). Factsheet: Trump’s rescission of protected areas policies undermines safety for all. National Immigration Law Center. nilc.org/resources/factsheet-trumps-rescission-of-protected-areas-policies-undermines-safety-for-all/

U.S. Department of Homeland Security. (n.d.). History of ICE. ice.gov/history

Wade, S. (February 4, 2025). CTU holding ‘walk-ins’ amid concerns over President Trump’s policies. ABC 7 Chicago. abc7chicago.com/post/chicago-teachers-union-holding-walk-ins-amid-concerns-president-donald-trumps-policies/15863535/

Vanessa Miller, JD, PhD, is an assistant professor of education law at Indiana University. Her research explores police, surveillance, race, and crime within the education system. Janet R. Decker, JD, PhD, is an associate professor of education at Indiana University and a co-author of Legal Rights of School Leaders, Teachers, and Students. Maria M. Lewis, JD, PhD, is an associate professor of education at Pennsylvania State University. She teaches courses on education law and leadership for equity, diversity, and inclusion.