If ICE Visits Fairfax County Public Schools: What To Know

FAIRFAX COUNTY, VA — The superintendent of Virginia's largest school district is responding to concerns about protocols if Immigration and Customs Enforcement conducts enforcement at schools.

A directive issued Jan. 20 by the Department of Homeland Security allows for immigration enforcement actions to happen in "sensitive areas" like schools, reversing a Biden administration policy. A Department of Homeland Security spokesperson said immigrants violating the law "will no longer be able to hide in America’s schools and churches to avoid arrest."

At Fairfax County Public Schools, Superintendent Michelle Reid said people in the community have been sharing concerns that the enforcement actions would affect staff, students, their families, and neighbors. Principals have received directions from the superintendent on how to respond if federal law enforcement comes to a school.

"As we center ourselves in our humanity, we will continue to do all that we can – to the fullest extent allowable by law – to protect our students and staff and to ensure access to safe and vibrant learning spaces for our students, families, and staff," said Reid in a message to families. "We know that learning happens best in community, and I am counting on our community."

Reid said students have the right to public education regardless of their immigration status, according to the 1982 Plyer v. Doe decision by the Supreme Court. The case came when Texas enacted a law allowing school districts to deny enrollment to undocumented students, which the Supreme Court said violated the Equal Protection Clause of the 14th Amendment.

In addition, Reid pointed to the 1974 Family Educational Rights and Privacy Act, which protects privacy of student information. That means FCPS cannot legally collect immigration information of students or families, according to the superintendent.

In light of the federal actions to ramp up immigration enforcement, FCPS provided a link to resources for immigrant families.

As part of his campaign platform, President Donald Trump vowed to immediately launch a nationwide immigration crackdown, including in sanctuary cities that refuse to cooperate with federal agencies.

In Virginia, Gov. Glenn Youngkin had introduced a budget proposal to withhold state funding from localities that do not cooperate with ICE. That involves notifying ICE 48 hours before the release of an undocumented immigrant who committed a crime. Under the proposal, localities not cooperating would lose the 599 funding for localities with police departments. However, that proposal faces uncertainty with the Democrat-controlled Virginia House of Delegates and Senate.