[SoDu Alert] Durham Schools Reassure Against ICE Fears

In the past week since taking office again, President Donald Trump has authorized U.S. Immigration and Customs Enforcement (ICE) agents to conduct enforcement actions in schools, medical facilities, and places of worship – reversing guidance established in 2011.

On Tuesday, Durham Public Schools issued a statement reassuring students, staff, and families that the district is “committed to fostering an inclusive, welcoming, and supportive environment for every student and family that we serve.”

Among the district’s promises:

·         DPS won’t disclose confidential student information to immigration officials except as authorized or required by law. Student records already are protected under the Family Educational Rights and Privacy Act (FERPA).

·         DPS won’t discriminate based on immigration status. Under the 1982 U.S. Supreme Court case Plyler vs. Doe, public schools can’t deny undocumented students an education. The statement reads: “Durham Public Schools believes all children are equally deserving of a sound basic education and does not ask families for their immigration status or record that information in student records.”

·         DPS remains a safe space for students: “Our mission to embrace, educate, and empower every student to innovate, serve, and lead remains steadfast.”

Families affected by the more aggressive immigration tactics should consider the following resources suggested by DPS:

·         Supporting NC’s Immigrant Families (The Center on Immigration & Child Welfare Initiative)

·         National Immigration Legal Services Directory (Immigration Advocates Network)

·         Legal Aid of North Carolina

·         ACLU North Carolina

·         Informed Immigrant

·         Latin American Coalition (La Coalicion)

·         NC Immigrant Solidarity Fund

Wake County Public Schools took similar steps, offering guidance to school principals through a question-and-answer document.

That document addresses whether immigration officials have the right to enter schools to detain undocumented immigrants or gather evidence when executing a warrant. It states:

“Yes, but only if the warrant is a federal judicial warrant that grants a right of entry.” It notes there are judicial and administrative warrants. Judicial warrants come from a judge, such as arrest or search and seizure. Administrative warrants are issued by immigration officers, such as for arrest of alien or removal/deportation.

The Wake document also indicates that immigration officials generally don’t have the right to enter schools without a warrant.

Don’t miss the article recently published by Southpoint Access: Protecting Durham’s Immigrant Families: Preparing for Uncertainty in a Second Trump Term.

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