Is ICE raiding schools? What to know
School districts nationwide are reacting after the Trump administration rescinded a Biden-era policy and removed restrictions preventing Immigration and Customs Enforcement from entering "sensitive locations," including schools, hospitals and churches.
While ICE raids are happening across the United States, many wonder if they will take place in the classroom. The Education Department states, "all children are entitled to a public education, regardless of their or their parents' actual or perceived national origin, citizenship, or immigration status." This includes recently arrived unaccompanied children who are in immigration proceedings while residing in local communities with a parent, family member, or other appropriate adult sponsor.
A White House spokesperson said no ICE raids have happened in schools, according to a report released Jan. 28 by NBC News. The spokesperson told NBC News that "secondary supervisor approval is also needed before any action can be taken in locations such as a church or school," adding that "we expect these situations to be extremely rare."
Since the change in policy, the National Immigration Law Center, an advocacy group, has put together a fact sheet with information about what ICE needs to enter a school. Here's what you need to know.
Can ICE come into schools?
For immigration enforcement to search or enter a private area within a formerly protected area, the Fourth Amendment requires a valid judicial warrant signed by a federal judge unless staff in those areas consent to the search, according to the National Immigration Law Center.
The Fourth Amendment protects areas where people have a 'reasonable expectation of privacy.' NILC notes that areas open to the public, such as lobbies, waiting areas and parking lots, are considered public, while interior areas and those marked 'private' with a sign are considered private.
Can ICE make arrests in the formerly protected areas?
If ICE agents enter a formerly protected through a warrant or consent, they may make arrests if they have a valid administrative warrant for that person or if they have probable cause to believe that the person is 'removable' from the United States, according to the NILC.
If the person does not have current lawful status or engaged in conduct such as involvement in the criminal legal system, that gives ICE the authority to begin deportation proceedings against them, NILC adds.
Natassia Paloma may be reached at npaloma@gannett.com, @NatassiaPaloma on Twitter; natassia_paloma on Instagram, and Natassia Paloma Thompson on Facebook.
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