If ICE Comes To School: IL Issues Guidance For Teachers, Staff

ACROSS ILLINOIS — As President Donald Trump has promised an immigration crackdown that could affect hundreds of thousands of Illinois residents, officials are sharing ways that schools can keep immigrant students and families safe.

The Trump administration announced Tuesday it would allow federal immigration agencies to make arrests at schools, churches and hospitals, ending a policy that had been in effect since 2011.
In new guidance released Wednesday, Illinois education officials advise schools to do their best to protect their immigrant students, while also adhering to state and federal law.

"ISBE believes schools should be a safe haven for all students where students should be able to learn without fear," state education officials noted in the new guidance.

Related: IL Sues Trump Over Ending Birthright Citizenship

Tuesday’s move to clear the way for arrests at schools reverses guidance that restricted two federal agencies — Immigration and Customs Enforcement (ICE) and Customs and Border Protection — from carrying out enforcement in sensitive locations.

In a statement, the Department of Homeland Security said: “Criminals will no longer be able to hide in America’s schools and churches to avoid arrest.”

The Illinois Education Association has spoken out about the new policy.

“We will not stand by and let our students, our families and our communities be torn apart. No family should be criminalized for wanting a safe and better future. In this country, every child has the right to learn at our public schools, colleges and universities," said Al Llorens, Illinois Education Association president. "And here in Illinois, it is the IEA’s mission to make sure ALL children have access to an equitable, high-quality public education. School buildings should be safe havens. Our students should not have to fear attending school."

An estimated 733,000 school-aged children are in the U.S. illegally, including 21,000 in Illinois, according to the Migration Policy Institute. Many more have U.S. citizenship but have parents who are in the country illegally.

The Illinois State Board of Education has added information to its website with suggested protocols for schools if an ICE agent seeks to come onto school grounds or access school records. ISBE laid out guidelines school officials can follow depending on what documents immigration enforcement officials produce when they show up at a school.

"Each of these documents may be issued by different authorities and require different levels of compliance from a school district," according to the ISBE guidance. "For example, a school district's discretion to comply with a judicial warrant may differ from a school district's discretion to comply with an administrative subpoena issued by ICE or DHS."

ISBE officials are encouraging school districts to work directly with their legal counsel to create board policies and administrative guidelines "so school districts can ensure any potential response to a warrant or subpoena" is "legally compliant and aligns with that school district's policies."

ISBE also noted that federal and state laws prohibit the sharing of a student's school record with third parities — though there are some limited exceptions as to when this information may be shared with a third-party regulator, including DHS, ICE, CBP and other law enforcement personnel.

All local school districts in Illinois must enroll students regardless of their immigration status, or their parent's immigration status, and those who violate this may be in violation of state and federal laws, according to ISBE.

ISBE is encouraging schools to discuss actions they should take if they are faced with potential interactions with ICE and to adopt policies dealing with their level of cooperation, or non-cooperation. Superintendents and school boards should consider the following actions:

• Adopt policies and set forth administrative guidance that clearly explains the steps their schools should take in the event immigration enforcement personnel seek to carry out an enforcement action or otherwise request information from schools.
• Establish a point person or department where ICE personnel can be directed should they arrive on campus. This might include a legal office, superintendent, or chief executive officer.
• Establish a point person or department to review records requests or subpoenas arriving from ICE or other related authorities, as well as keep track of ICE requests in case this information is needed for future reference.
• A school’s policy should be made available to and discussed with instructional staff, administrative staff, and other staff and faculty members who might otherwise be on campus.
• Schools should ensure that their student data-sharing policies are up to date and that such policies are readily available to all faculty and staff, as well as all third-party contractors who might have access to student data.
• Instructional staff, administrative staff,and other staff and faculty members should receive appropriate training to ensure proper implementation of school policies.
• Schools should encourage parents to keep their child’s emergency contacts updated and accurate.
• Schools are encouraged, to the extent possible, to have policies and procedures in place in the event a student’s parent is detained or deported.

The full guidance from ISBE can be found here.