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States Grapple with ICE Presence in Schools Amid Policy Uncertainty

In Laredo, Texas, the sight of U.S. Immigration and Customs Enforcement (ICE) agents near schools is a common occurrence, unlike in many other parts of the country where it might be seen as unusual or shocking. For school leaders like Andrea Garza from the United Independent School District in Laredo, this presence is part of everyday life.

Garza, who serves a district where 94% of the community is Hispanic, describes a diverse mix of families, some rooted in Laredo for generations and others more recent arrivals. The federal government remains a major employer in the region.

When it comes to ICE interactions, Garza is clear on her stance: “If they don’t have a warrant or subpoena, they don’t get in.” She emphasizes the role of schools acting “in loco parentis,” meaning in place of a parent, to protect students’ rights without obstructing legal processes.

Texas law does not prevent local entities from cooperating with federal immigration enforcement, yet there are no specific state laws detailing the extent of access ICE should have in K-12 schools. This lack of clarity is not unique to Texas, as many states do not have explicit policies on the matter.

Under President Trump’s administration, a policy safeguarding schools and other sensitive locations from immigration enforcement was rescinded. This change, justified by the U.S. Department of Homeland Security as a means to prevent criminals from using schools and churches as sanctuaries, has led to noticeable impacts on school enrollments in certain areas.

DHS has stated that ICE does not target schools for raids, but reports from K-12 Dive indicate that ICE presence on school grounds still occurs. In response, education leaders often rely on varied state and district policies.

This year, NPR found that at least 23 states have proposed legislation regarding federal immigration officers’ access to public schools. Most of these proposals aim to limit ICE’s access, while only a few, like Mississippi, advocate for cooperation with federal authorities.

State Efforts to Define School and ICE Interactions

Several states, including Minnesota, Arizona, and Nebraska, considered proposals to restrict ICE access to schools, often requiring a warrant for such interactions. Conversely, Mississippi passed a law mandating school cooperation with federal immigration enforcement.

Some states are also exploring legislation to designate schools as sensitive locations, limiting ICE activities. However, these proposals often face significant hurdles and have yet to pass in states like West Virginia and Kansas.

In Tennessee, proposals varied widely, from tracking undocumented students’ legal status to requiring immediate notification of ICE presence on school grounds. Despite these efforts, no proposal reached a final vote.

Uncertainties and Calls for Clarity

In Minnesota, school leaders like Kenny Newby await legislative clarity. Without state laws, they rely on district policies to manage ICE interactions, prioritizing student safety and limiting direct contact with students.

Principal Rob Reetz from Mounds View High School echoes the need for clear state guidelines, especially when dealing with inter-district activities. He raises concerns about ICE adhering to state or local rules, citing past incidents like the one at Roosevelt High School in Minneapolis where federal agents’ presence caused disruption.

Both Newby and Reetz emphasize the importance of having clear expectations to maintain schools as safe environments for all students.

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