FHSD joins School Districts across the Nation with plans for Responding to ICE

Since 1982, the US Supreme Court case “Plyler vs Doe” found that denying undocumented children access to public K-12 education violates the Equal Protection Clause of our Constitution. That ruling means  all students– regardless of their immigration status– have been guaranteed the right to enroll in public schools in the United States.

Additional federal requirements for states ensure that multilingual learners have equal access to a high-quality education. However, recent immigration enforcement efforts around the country and now in our own state deeply undermine these rights. 

Public schools across the Nation are increasingly developing, updating, and implementing formal response plans for potential U.S. Immigration and Customs Enforcement (ICE) actions on campus to protect student privacy and ensure a safe learning environment. These plans typically emphasize restricting agent access to buildings without a judicial warrant, designating a specific staff point person, and affirming that education is provided regardless of immigration status.

The ACLU of Pennsylvania shares a general outline for a plan: 

Key components of school plans for ICE include:

• Legal Protections and Warrants: Schools are advised to require a judicial warrant (signed by a judge) rather than an administrative warrant for access, as per ACLU of Ohio guidance.
• Designated Protocol: Schools should identify a single point of contact to manage interactions with agents.
• Access Limitations: Protocols may include keeping exterior doors secured, designating a private area for agents to wait while documents are reviewed, and limiting access to student records.
• Student Rights Advocacy: Schools are reaffirming their commitment to providing a safe, non-discriminatory environment for all, often referencing the 1982 Plyler v. Doe decision.
• Staff Training: Educating staff, including teachers and resource officers, on how to respond if ICE agents arrive 

Districts, such as those in North Carolina and Ohio, are actively issuing policies that require verification of credentials and documentation of any interaction, ensuring school security officers abide by student privacy laws. 

Board members take an oath to stand up for the US Constitution and the rights it grants human beings. However, that oath seems to have been temporary for at least one former board member. Sara Jonas, made famous nationally in a Newsweek Article in 2022 for her “anti-anti-racism” comment recorded in this video, posted on social media her thoughts on the work of the current board to follow the law and keep students safe. A current board member, Jeremy Ward, shared his thoughts in response here, referencing Jonas’ post.

ICE raids have traumatized children, driven high rates of absenteeism, and created anxiety in communities with even the youngest students, such as this one in California, where kids question the times.