Immigration Enforcement at Schools Largely Unchanged Under Trump, Feds Argue in Response to DPS Lawsuit
U.S. Department of Homeland Security Defends Policy Changes
The U.S. Department of Homeland Security is arguing that federal policy regarding immigration arrests at schools has not significantly changed under the Trump administration, despite the agency having rescinded previous guidance that largely prohibited such activity on campuses.
The agency’s response is in response to a lawsuit brought by Denver Public Schools (DPS) on February 12, which seeks to prevent U.S. Immigration and Customs Enforcement (ICE) agents from making arrests at the district’s schools.
Previous Guidance Rescinded
Superintendent Alex Marrero and other DPS leaders became concerned about ICE officers showing up at schools after the Trump administration rescinded a previous policy that prevented agents from detaining people at so-called sensitive locations, including churches and schools.
New Policy Allows for Case-by-Case Determinations
The U.S. Attorney’s Office for the District of Colorado, arguing on behalf of Homeland Security, claimed in its response that DPS leaders are incorrect in believing that previous policy “categorically prohibited immigration enforcement at schools.” The rescinded Biden-era guidance, the attorneys said, still allowed for arrests at schools and other sensitive locations with “prior higher-level approval and under exigent circumstances.”
The new Homeland Security policy, issued on January 20, had “fewer specific guidelines” when it came to immigration arrests, but allowed for other divisions, such as ICE, to enact their own policies.
ICE’s Recent Guidance
The Denver Post could not independently verify that ICE has reinstated schools as protected or sensitive locations, and an ICE representative in Denver declined to comment. The January 31 memo from Acting Director Caleb Vitello referred to in the government’s filing does not explicitly say schools are once again protected locations, but does give certain ICE personnel the “responsibility for making case-by-case determinations regarding whether, where and when to conduct an immigration enforcement action in or near a protected area.”
Impact on Schools and Communities
President Donald Trump’s immigration policies are already affecting schools across the country, as officials find themselves responding to rising anxiety among parents and their children, including those who are here legally. Trump’s executive actions have vastly expanded who is eligible for deportation.
No schools in metro Denver have reported ICE having made arrests on their campuses. However, when federal agents carried out high-profile raids in Aurora and Denver earlier this month, ICE activity prevented DPS school buses from picking up children, and at least four students who attend Place Bridge Academy were detained by agents.
Student Attendance and Family Anxiety
At least two districts – DPS and Aurora Public Schools – have seen student attendance drop because families fear officers will show up on campus. Angelib Hernandez, of Aurora, began keeping her children home from school a few days a week after Trump’s inauguration. Now she doesn’t send them at all. She’s worried immigration agents will visit her children’s schools, detain them, and separate her family.
Conclusion
The U.S. Department of Homeland Security’s argument that immigration enforcement at schools has not changed under the Trump administration is a contentious issue that has sparked concern and anxiety among families and schools across the country. As the legal battle over this issue continues, it remains to be seen what the outcome will be for schools and communities affected by these policies.
FAQs
* What is the U.S. Department of Homeland Security’s stance on immigration enforcement at schools?
The agency argues that policy has not changed significantly under the Trump administration, despite the rescinding of previous guidance that largely prohibited such activity on campuses.
* What is the current policy on immigration enforcement at schools?
The new Homeland Security policy issued on January 20 allows for case-by-case determinations regarding immigration arrests at schools and other sensitive locations.
* How have Trump’s immigration policies affected schools and communities?
Trump’s executive actions have vastly expanded who is eligible for deportation, leading to rising anxiety among parents and their children, including those who are here legally.
* What is the current situation regarding ICE activity at schools in metro Denver?
No schools in the area have reported ICE having made arrests on their campuses, but ICE activity has prevented DPS school buses from picking up children and at least four students who attend Place Bridge Academy were detained by agents.
