Minnesota school districts and educators press ahead in legal fight to keep immigration officers away from schools
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Summary judgment motion seeks court order restoring longstanding protections for students, educators and communities
ST. PAUL, Minnesota. Aug. 17, 2026 — Minnesota school districts and educators have returned to federal court to stop immigration enforcement activity on and near schools and higher education campuses. The plaintiffs — Fridley Public Schools, Duluth Public Schools and Education Minnesota — filed a motion late Friday for summary judgment asking the U.S. District Court for the District of Minnesota to block the U.S. Department of Homeland Security’s abrupt rescission of longstanding protections that limited immigration enforcement in “protected locations,” including schools, colleges and universities.
The plaintiffs filed a lawsuit against DHS in February of 2026. Although their request for a preliminary injunction was denied in May, Friday’s motion provides additional examples of harms that school districts and educators have experienced as a result of DHS’ rescission of the protected locations policy, including loss of students, decreased funding, additional efforts to keep students safe, and even the arrests of two educators at the schools where they work. Democracy Forward, Zimmerman Reed LLP, Nilan Johnson Lewis PA and The Law Office of Kevin C. Riach represent plaintiffs.
For more than three decades, federal policy required immigration agents to avoid enforcement at schools and school bus stops except in rare circumstances. But in January 2025, DHS rescinded those protections in a brief memo that ended pre-approval requirements, reporting safeguards and any clear limits on enforcement near schools. The plaintiffs’ motion argues that DHS’s abandonment of those protections without explanation violates the Administrative Procedures Act and harms school districts and educators. The motion asks the court to set aside the current policy and restore the prior “protected locations” policy.
Quotes
Brenda Lewis, superintendent of Fridley Public Schools, said: “As superintendent, my responsibility is to ensure that every child entrusted to our schools can come to school safely, learn, and thrive. Over the past several months, we have seen firsthand what happens when families no longer believe schools are protected places. Students have missed school, families have been afraid to send their children and our district has had to redirect significant resources simply to preserve access to education and a sense of safety for our students.
“We have lived the consequences of this policy in Fridley. It has affected our classrooms, our students, our staff, our families and our ability to serve children. For more than three decades, there was a clear understanding that schools should be places where children can learn without fear of immigration enforcement. We are asking for that protection to be restored. Our children deserve to come to school, and their families deserve to send them to us, without fear.”
John Magas, superintendent of the Duluth Public Schools, said: “As we begin a new school year, our focus is on creating a welcoming, positive environment where every student can learn, grow and thrive. We also have a responsibility to ensure that our schools remain safe and supportive places for all students and families. We will continue to advocate for our students and protect their opportunity to come to school each day ready to learn without fear.”
Monica Byron, president of Education Minnesota, the statewide union of more than 84,000 educators, said: “As Minnesota educators prepare to start a new school year, the removal of the protected locations policy continues to harm our members by creating ongoing fear and stress, especially among our BIPOC and non-citizen members. Our union will continue to advocate for that policy to be restored so that our members can focus on instruction, and not explaining to students why armed, masked immigration officers are outside of their schools.”
Skye Perryman, president and CEO of Democracy Forward, said: “For decades, schools have been recognized as places where children should be able to focus on learning, not immigration enforcement against them or their families. That principle exists because we understand what happens when fear enters a classroom: attendance drops, families disengage and children pay the price. The Trump-Vance administration discarded those protections overnight and created a reality in which parents fear taking their children to school, and educators fear losing students from their classrooms without warning. Our laws rightly do not permit targeting school communities in this way. Every child deserves the opportunity to learn, grow and succeed without being forced to choose between an education and their family’s safety.”
Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement.
The case is Fridley Public School District (ISD 14) et al. v. Mullin, et al. View the filing here.
About Education Minnesota
Education Minnesota is the voice for professional educators and students. Education Minnesota’s members include teachers and education support professionals in Minnesota’s public school districts, faculty members at Minnesota’s community and technical colleges and University of Minnesota campuses in Duluth and Crookston, retired educators and student teachers. Education Minnesota is affiliated with the American Federation of Teachers, National Education Association and AFL-CIO.
