Legal Briefs: How educators can prepare for the new administration’s immigration agenda
By David Aron, General Counsel
This Legal Briefs column, written by Education Minnesota attorneys, is one of an occasional series on legal developments that affect educators.
As a presidential candidate, Donald Trump promised “mass deportations” of undocumented immigrants. Following his election, many educators and administrators who work with undocumented students and students with undocumented parents have been concerned about the extent to which immigration enforcement will occur in school buildings, and what educators and their communities can do to prepare.
Sensitive Locations Policy
At the time of this printing, we have few details about the administration’s immigration enforcement plans, including how or where a mass deportation program would be carried out. Since 2011, Immigration and Customs Enforcement (ICE) has observed a “sensitive locations policy” that strongly discourages agents from raids or apprehensions at schools, hospitals, or places of worship. The purpose behind this policy is to avoid deterring people from seeking education, healthcare, or religious participation for fear of detention or deportation. The sensitive locations policy also recognizes that immigration raids at these locations have the potential to be traumatic for others in these settings, not just those who may be targeted. Nevertheless, following the election, sources close to Trump have revealed that he intends to end or modify the sensitive locations policy.
If the sensitive locations policy is terminated and immigration raids or investigations begin to occur at schools, there may be a large public reaction, and educators may be encouraged to share their views. If you are also a parent or a resident of a school community where this activity is occurring, you have a First Amendment right to express your views publicly as a citizen, as does your local union. You should make clear, however, that you are speaking as a parent or resident, not on behalf of the school district, and you should never share data that could identify any students or divulge their immigration status.
Data Privacy
The prospect of immigration raids or investigations at E-12 schools and higher education campuses raises a host of questions for educators and school administrators. Top among these is whether educators will be required to disclose information to ICE agents about their students’ or their families’ immigration status.
“Educators should not provide information to ICE or any branch of law enforcement without a directive by their school administration to do so…because this data is protected under federal and state privacy laws.”
“Educators should not provide information to ICE or any branch of law enforcement without a directive by their school administration to do so…because this data is protected under federal and state privacy laws.”
While schools and educators would face legal consequences for obstructing ICE apprehension efforts, this does not mean educators will be required to disclose any information they have about students’ immigration status. In fact, educators should not provide information to ICE or any branch of law enforcement without a directive by their school administration to do so. This is because this data is protected under federal and state data privacy laws—Federal Education Rights and Privacy Act (FERPA) and the Minnesota Government Data Practices Act (MGDPA).
Both of these laws prohibit the release of any nonpublic data by public school employees about students’ immigration status without a warrant. In addition, many school administrators have been advised that absent a criminal warrant signed by a judge for information regarding suspected criminal activity by a student— conduct other than being in the country without authorization—they do not have to provide information to ICE and can request that any apprehensions occur off school premises.
Sanctuary Districts and Alternatives
During the first Trump administration, some districts with significant numbers of undocumented students or students in mixed status families declared themselves “sanctuary districts.” The term “sanctuary” in this context is a bit of a misnomer, as schools cannot legally provide absolute protection to students from immigration enforcement activities by the federal government. In addition, new declarations of “sanctuary status” by a school may result in political blowback or even attempts by the administration to withhold federal funding. It is not necessary to rescind these policies, but these may be reasons for districts not to use the sanctuary label for the first time.
Regardless of the sanctuary title, all school districts should have clear procedures in place for protecting student data, including not collecting any data about students’ immigration status, and clear communication to staff about what to do if ICE or law enforcement make any immigration-related inquiries. Basic compliance measures will help ensure that everyone is on the same page should ICE agents seek information from school staff. This is perfectly legal and legitimate conduct for school employees.
Supporting Students and Their Families
One of the most important things educators and school administrators can do for students facing uncertainty over immigration matters is to create support systems for students and their families. Educators should not provide legal advice to students or their families, but they can provide legal information from trusted sources—like this “know your rights” guide from AFT1
- on their constitutional rights in the event of detention or questioning by authorities. In addition, schools should all have a crisis response plan for ensuring that students have a trusted adult—preferably designated by the parents through a delegation of parental authority (“DOPA”) form2
- to care for them in the event their parents or guardians are detained by immigration authorities. Educators should not provide individual financial support or housing to students or families in the event of immigration detention, but they can and should work with administration to help ensure that students’ and families’ basic needs are met.
Finally, educators can help students facing uncertainty by being a stable, caring presence in their lives and creating a classroom and school environment that welcomes everyone. While educators should avoid directly asking students personal information related to their or their families’ immigration status, they can and should create a school environment that signals that all students, even those without legal status, are valued members of their school communities. This includes highlighting immigrant voices in the arts and literature and promptly addressing any discriminatory rhetoric in the school that creates a hostile learning environment for students.
“One of the most important things educators can do for students facing uncertainty over immigration matters is to create support systems for students and their families.”
Since the U.S. Supreme Court’s landmark Plyler v. Doe decision in 1982, all public schools in the United States have been required to provide a free public education for students regardless of immigrations status. Educators play a crucial role in ensuring that students are not only able to attend public schools, but that they feel safe and welcome there regardless of the political climate.
1 https://www.aft.org/sites/default/files/media/documents/2025/kyrdocforfamiliesstudents.pdf
2 https://www.lawhelpmn.org/sites/default/files/2025-01/f-06_dopa.pdf
