Immigration enforcement gets closer and closer to schools. The effects are wide-reaching.
Immigration enforcement gets closer and closer to schools. The effects are wide-reaching.
Penny Chavez has been watching immigration enforcement activity in Minneapolis with increasing panic, seeing public school students like her two grandchildren being detained.
Rumors are swirling that her town, Springfield, Ohio, could be the next target for a surge of activity from Immigration and Customs Enforcement, or ICE, in part because of its Haitian community, reports. Chavez and her two grandchildren, ages five and four, are U.S. citizens, but she鈥檚 still fearful that they will be detained at or near their schools because they are Hispanic.
Chavez has pressed Springfield鈥檚 school district for answers around how school leaders would react if agents were to enter a district school, but she hasn鈥檛 been reassured by their answers. For parents without legal status whose kids are enrolled in the district, a lack of clarity makes them reluctant to send their children to school, she said.
鈥淭hey have the right to know whether or not it鈥檚 safe to pick the kids up or drop them off,鈥 she said.
A year after the Department of Homeland Security rescinded a policy limiting operations in and around schools, agents are not raiding schools, but immigration enforcement has nearly arrived at the schoolhouse door. There are and .
Some of those places adjacent to schools would have been off-limits under the previous policy, raising questions about where the federal government will draw the line and putting pressure on school leaders to reassure families like Chavez鈥檚.
Legal experts say the Fourth Amendment hasn鈥檛 changed: It still limits agents from charging inside a school without the right paperwork. But the overall approach by agents has been unpredictable, creating highly charged circumstances around schools.
Keri Rodrigues, president of the National Parents Union, and others have , with some organizations pressuring Democrats in Congress to withhold funding for the Department of Homeland Security until it is restored. Recent incidents show that ICE is getting closer to going inside schools, she said.
鈥淭hey鈥檙e not physically inside the buildings yet, but they鈥檙e literally at the school yard gate,鈥 she said.
A identifies at least nine instances in which immigration agents came onto the grounds of a K-12 school or preschool. In Chula Vista, California, last week, ICE agents arrested both parents of a 12-year-old and four-year-old after school drop-off, . According to a GoFundMe for the family, the children their parents wouldn鈥檛 be the ones to pick them up.
The Department of Homeland Security , like a recent claim that agents targeted parents in Michigan at a bus stop during student drop-off time. And a department spokesperson said involving a citizen they claimed impeded enforcement activities, the Sahan Journal reported.
School leaders don鈥檛 always have clear answers for families and are limited in what they can do, said David Law, superintendent of Minnetonka Public Schools in a suburb of the Twin Cities and president of the School Superintendents鈥 Association.
鈥淭hey鈥檙e mad at us, like, 鈥榃hy can鈥檛 you stop this?鈥 Well, we didn鈥檛 start it,鈥 he said.
The effect on students, particularly in Minnesota, has been sweeping: more absences from school, an increase in remote learning, and grief from seeing classmates vanish. About one in four St. Paul Public School students were learning virtually amid the enforcement surge, .
鈥淣ot only are they being subjected to the presence of ICE at their bus stop or at their school, but it鈥檚 this force that is lacking the control and composure that you would expect from law enforcement, and that has to be extremely traumatic for these students,鈥 said Sarah Pierce, the director of social policy at Third Way, a center-left national think tank.
A looming question: Will ICE try to enter schools without a judicial warrant?
For decades, the sensitive locations policy has limited immigration arrests at or near schools. The policy made an exception for circumstances that posed an imminent threat.
That change means spaces considered public, such as a front lawn or near the parking lot, could be subject to ICE activity, said Keith Armstrong, an immigration attorney with the ACLU of Pennsylvania.
But, in internal memos reported by the Associated Press and the New York Times, ICE has asserted broad powers to , known as a judicial warrant, and to . That has raised questions about how the agency might treat sensitive locations, such as schools.
Legal experts and advocates point to the Fourth Amendment, which bars agents from entering schools without a judicial warrant. A 鈥渓ong line鈥 of case law also supports the notion that agents need the signed warrant, Armstrong said. If ICE is targeting families in actions on school premises, 鈥渢hat is something we definitely want to know about and see if we can develop a case about.鈥
The recent incident where agents went on the grounds of Minneapolis鈥 Roosevelt High signals an 鈥渁ttitude shift鈥 in what agents consider OK, Armstrong said.
鈥淚t seems like there is a change in attitude where previously it would have been sort of unthinkable for ICE to, even with the rescission of the sensitive locations memo, it would have been pretty unthinkable for ICE to really try to do something that brazen,鈥 he said.
Ken Cuccinelli, former deputy secretary for DHS during the first Trump administration, told Chalkbeat immediately after the policy was rescinded that he believed agents would tend to avoid enforcement at schools, and he did not expect them to target school drop-off or pick-up to 鈥渞ound up a bunch of people in transit.鈥
But he said in late January that limiting operations within 1,000 feet of a school would also put a 鈥済ood chunk鈥 of the country off-limits.
Still, while ICE has been more aggressive in Trump鈥檚 second term, 鈥渢hey haven鈥檛 had to go in a bunch of schools,鈥 he said.
Democrats, who are facing pressure to withhold DHS funding until the sensitive locations policy is restored, are considering a variety of measures to curb ICE activity.
A did not include long-term Department of Homeland Security funding to give policymakers more time to haggle.
Sen. Michael Bennet, a Democrat from Colorado, said restoring the sensitive locations policy is a priority, but it鈥檚 one item in a list of competing priorities, including preventing agents from wearing masks or ensuring they鈥檙e using warrants appropriately.
Bennet, who parents and children are separated during the school day and have the reasonable expectation that they鈥檒l be reunited when school ends. ICE鈥檚 recent actions are upending that assumption for vulnerable families.
鈥淭here is a ripple of fear that is running through our communities,鈥 he said. 鈥淭raditionally, schools and hospitals and churches have been sanctuaries and places where kids shouldn鈥檛 have had to worry about immigration enforcement.鈥
ICE unpredictability leads to school unpredictability
In Springfield, Ohio, Chavez said people of color in the community, including citizens, are making contingency plans for child care in case families are separated during the school day 鈥 much like families have done in other cities, at times with the .
Chavez also wants assurances that Springfield City School District would develop a procedure or standards in the event that ICE agents asked to enter schools, including whether school officials would grant them access to a student without a signed warrant.
After multiple phone calls with school officials, the grandmother still feels like her questions haven鈥檛 been sufficiently answered. A spokesperson for the district did not answer Chalkbeat鈥檚 request for comment. The superintendent in the event of a surge in ICE activity and to not engage in any political activity, according to WOSU, a local NPR station.
School superintendents are in a tough spot, said Law, the president of the School Superintendents鈥 Association. He estimated that due to recent events, 80% of the job for some Minneapolis-area superintendents encompasses managing immigration uncertainty and responding to ICE activity.
The lack of cooperation or communication between local law enforcement and federal agents is unusual, he said.
鈥淲e have two police officers stationed at our high school,鈥 he said. 鈥淵et, when something is happening with immigration a block from school they don鈥檛 know what鈥檚 going on 鈥 Even our elected officials are trying to figure out, you know, what has caused all these changes?鈥
He said parents should know that schools have 鈥渓ongstanding practices to discourage enforcement from happening at school.鈥 Bus drivers are trained to drive away from situations that appear chaotic and to call parents instead of dropping kids where circumstances appear questionable. When law enforcement comes in with a judicial warrant, he said administrators can sometimes reason with police officers to carry out the warrant somewhere else.
鈥淲e would much rather be a safe haven, because no student wants to see an armed person tackling their classmate or their teacher,鈥 he said. 鈥淭hose are traumatic experiences. But we have practices in place.鈥
For Chavez, the lack of reassurance has led her children to take her grandchildren out of school until 鈥渢he school is able to assure the community they won鈥檛 allow access to the kids at a minimum,鈥 she wrote in a text message to a Chalkbeat reporter.
They are paying for online school instead.
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