If ICE Comes To Schools: MD Issues Guidance For Staff, Police

MARYLAND — The state's attorney general and the Maryland State Department of Education are offering advice to authorities and residents about how to respond if Immigration and Customs Enforcement agents carry out arrests in a community.

Law Enforcement Guidance For ICE Actions

Attorney General Anthony G. Brown on Tuesday released guidance for state, county, and local law enforcement officers and their role in federal immigration enforcement. A news release said Brown's aim is to help law enforcement agencies comply with federal and state laws while protecting individual constitutional rights and maintaining community trust.

All Marylanders have access to the document via this link.

“Maryland law ensures police handle immigration enforcement in a way that builds trust with immigrant communities, helping them feel safe to report and prevent crime. The federal government cannot compel state and local law enforcement to enforce immigration laws,” Brown said.

Maryland law enforcement officers:

• Cannot ask about immigration status during routine police work unless relevant to a criminal investigation;
• Must not extend detentions to investigate immigration status;
• May share citizenship/immigration status with federal officials but are not required to do so;
• Cannot share personal information (names, addresses) with federal immigration authorities without a judicial warrant;
• Risk civil liability if they hold individuals on immigration detainers without probable cause; and
• Are prohibited from contracting with private immigration detention facilities.

Federal law cannot compel state and local officials to enforce immigration laws, Brown said, and Maryland law specifically limits such enforcement activities.

School District Information On ICE

Since the Trump Administration issued new executive orders, the Department of Homeland Security now allows arrests and searches of undocumented immigrants in what are called "sensitive locations." That refers to places like schools and churches.

The Maryland State Department of Education issued guidance to local school systems on how to handle such situations.

Carey M. Wright, the state superintendent of schools, wrote to local superintendents: "I want to ensure that every student — regardless of immigration status — receives the support they need from our educational system. Every child deserves access to a quality education, and it is our responsibility to uphold that right."

Student Rights

• All children have a right to equal access to a free public education, regardless of the immigration status of the child or their parent/guardian.
• While schools may require proof of residency within the district, information about citizenship or immigration status is never needed for school enrollment.
• Federal and state laws protect education records and personal information. These laws generally require written consent from parents/guardians before releasing information, unless it is for educational purposes, otherwise authorized by law, or in response to a court order or subpoena.
• Some schools collect and make public “directory information” about students, such as name, address, email address, and phone number. If this is a practice, the local educational agency (LEA) must provide parents or guardians with written notice of its directory information policy and provide the option to refuse release of their child’s information. The notice must effectively notify parents who have a primary or home language other than English.
• Students, parents, and guardians have the right to report a hate crime or file a complaint to the school district or the State Superintendent if they or their child has been discriminated against based on national origin.

Related:

• If ICE Visits Prince George's County Public Schools: What To Know
• If ICE Visits Howard County Schools: What To Know

Requests from Immigration Authorities or Law Enforcement at a School

Local school officials should cooperate with law enforcement and federal immigration authorities in accordance with their policies and guidelines and in consultation with their attorneys.

Upon receipt of a request from immigration officials to access student education records, schools should immediately consult with their attorneys, to ensure compliance with the law regarding the release of personally identifiable information in a student’s education records without the consent of the parent or eligible student.

Before fulfilling a request from federal immigration authorities or law enforcement to enforce immigration laws, school employees should immediately contact the local superintendent and school attorneys for legal advice.

If federal immigration officials or law enforcement enter a school building seeking access to students (for interviews and/or questioning), school personnel should contact the local superintendent immediately for guidance. School personnel should not argue or debate with immigration enforcement officials but should direct them to the local superintendent or designated administrator for further action.

School personnel should immediately notify the student’s parent or guardian if an immigration official or law enforcement officer requests or gains access to a student for immigration-enforcement purposes, unless such access was following a judicial warrant or subpoena that restricts the disclosure of the information to the parent or guardian.