All children have the right to a safe, high-quality education, regardless of their immigration status. But ever since President Trump’s 2025 executive order rescinding the “sensitive locations” policy that barred Immigration and Customs Enforcement from taking action in schools, some students are too afraid to focus on their studies.
Just because ICE can now show up at a school for an enforcement action, teachers and school administrators still have the right and responsibility to protect their students under the U.S. Constitution and federal and state law.
Here’s what every school needs to know if ICE comes knocking at their door.
Federal and state laws protect the rights of all students, no matter their immigration status
Immigration status is protected from disclosure to school officials and employees, harassment and intimidation resulting from the refusal to provide immigration status would be a violation of the law.
Federal and state law prohibits discrimination in education based on a students’ race, gender, ethnicity, or national origin. The United States Supreme Court has ruled that all students have a right to a public education, no matter their immigration status.
Additionally, the Wyoming Constitution “requires that all students receive an equal opportunity to a quality education. The Wyoming Supreme Court has determined that the state Constitution’s guarantee of an “equal opportunity for a proper education necessarily contemplates the playing field will be leveled so each child has equal chance for educational success.”
You don’t have to let ICE inside unless they present a judicial warrant
ICE typically uses an “administrative” warrant when they are conducting enforcement actions, but only a judicial warrant can mandate their entry into private property or private areas of public property. A judicial warrant is one that is issued by a court, signed by a judge, based upon a finding of probable cause, and specifically names the location and date range that a search is allowed. If an ICE agent presents an administrative warrant signed and issued by an immigration officer, you have the right to refuse entry.
Schools should have a clear plan in place for any interactions with ICE
Schools should consult with their counsel and develop a coordinated plan if ICE shows up. That plan should include:
- Identifying a designated point person who is prepared to deal with ICE agents;
- Putting up signage to clearly indicate private areas of the school where people other than school personnel and students cannot freely enter. ICE agents are only able to enter those areas by presenting a judicial warrant;
- Having a system to allow an attorney to review any documents that ICE presents, including warrants;
- Observing and documenting any actions by immigration agents on school property and make copies of officers’ identification documents, as well as any warrants or subpoenas;
- Robust training for all school personnel so that they understand the policy – not only so that they can follow it but also so they can help answer questions from parents and students.
Other things to keep in mind
ICE agents may dress in uniforms that might suggest that they are police officers or they might not wear any uniform at all. Regardless of how they present themselves, school officials do not need to let federal agents enter any non-public areas of a school without a judicial warrant.
School districts should not ask for, or collect, information about a student’s immigration status and are obligated to protect student records. Schools should follow this general rule for handling student data: If there is no reason to collect it, do not collect it.
School districts should also make sure that any school security officers are aware of and abide by student privacy laws. School districts should require security officers to enter into a binding agreement stating that they will not ask about the immigration status of students or engage in any attempts at immigration enforcement actions. Security officers should also be trained on the rights of schools and students when interacting with ICE.
A version of this story also appeared in the Wyoming Tribune Eagle.
