[Trending News] ICE in schools? How Ohio districts say they’ll protect students in cases of immigration enforcement

COLUMBUS, Ohio – Northeast Ohio school districts and the ACLU of Ohio are considering how to protect students in an era of increased immigration enforcement.

Though there have been no reports of Immigration and Customs Enforcement agents entering schools across the country, schools are reviewing policies, sending letters to reassure concerned parents and working to understand when they legally must allow immigration agents into buildings.

The U.S. Department of Homeland Security on Jan. 21 rescinded a policy that had limited immigration enforcement at schools, places of worship, health care facilities and other “sensitive” areas. This came a day after the inauguration of President Donald Trump, who ran on a platform of curbing illegal immigration.

DHS said the former policy allowed undocumented immigrants to “hide” in the sensitive locations, and that rescinding the policy empowered immigration officers to enforce the law.

Cleveland.com/ The Plain Dealer asked ICE whether it has visited schools since the policy change or intends to do so in the future.

Tom Homan, Trump’s border czar, recently told CNN’s Kaitlan Collins that agents may need to investigate terrorism, gang activity and other public safety threats.

“So we will not go into schools or hospitals as a matter of practice, but if it’s a significant public safety threat or significant homeland security threat, there’s no safe haven,” he said.

Collins asked Holman whether having an undocumented parent would justify agents going to a school?

“They’re not off the table, either,” Homan said. “If they’re in the country illegally, they’ve got a problem.”

Inside Ohio classrooms, school districts now are sorting out how to continue educating children, regardless of their migration status, and preventing learning disruptions that could come with a potential immigration sweep. Schools elsewhere are also reassuring families and reviewing plans to protect students, just in case.

“They’re heavily engrained in our city and culture here,” said Chas Irish, the communications manager of Painesville City Local School District in Lake County, where 60% of students are Hispanic. “We care for that community and we’re going to do our best to protect them.”

Federal and state law protects students’ right to an education regardless of immigration status, according to a legal memo for school officials from the ACLU of Ohio. School districts should have policies in place for immigration enforcement. If they don’t have policies, they need to work with their lawyers to develop them, the ACLU said.

The ALCU memo further advises school districts to not require families to provide information about students’ migration status. School districts must protect the privacy of student records and ensure school security officers abide by student privacy laws.

In Painesville schools, officials won’t let immigration officers into any building unless they have a warrant signed by a federal judge, Irish said – which aligns with ACLU advice that administrative warrants do not have to be followed but judicial warrants must be.

“As of now our administration controls access to the building and the only way ICE would have access to the school building is if they possessed a warrant that was signed by a U.S. district judge,” Irish said. “Without that we won’t allow anyone into the building. And if we are presented with a document of a warrant, we will consult legal counsel. Our goal is to provide the maximum level of protection we can or are legally allowed to.”

The Ohio School Boards Association has not put out new guidance for its members since the Trump directive, said Scott Gerfen, OSBA’s deputy director of communication services and member relations.

“However, the board may have existing policies that govern things like student interrogations, searches, access to student records, etc.,” he said. “While these policies likely don’t directly reference interactions with federal immigration authorities, they may be applicable, and districts should continue to comply with any applicable policies and their requirements.”

OSBA further advises districts to designate a person to be responsible for interactions with federal immigration agents and work with district attorneys, and to verify documentation agents give them with the attorneys.

Cleveland Metropolitan School District CEO Warren Morgan II sent a letter to families on Jan. 30 acknowledging their concerns about immigration enforcement inquiries and actions on school grounds.

“Please know that CMSD follows clear protocols, grounded in district policy and federal and state law, to ensure that any such interactions occur in a manner that minimizes disruption to our students’ education,” Morgan’s letter said.

The policies weren’t explicitly stated in the letter, which also said the district is actively reviewing and reinforcing the protocols with school leaders and safety teams “to ensure we remain vigilant and prepared.”

CMSD is the only district in Ohio that employs sworn police officers. While other districts have police in schools, the officers work for community police departments.

“The Cleveland Metropolitan School District is committed to an excellent education regardless of who they are or where they are from,” according to a CMSD document, A Parent’s Guide to Law Enforcement Interactions. “CMSD also recognizes the rights that students and parents have pertaining to their child’s information and have policies that protect your child’s privacy and safety.”

The document instructs parents how to opt out of allowing people to access their kids’ files in the district’s Directory Information, which includes student names, addresses, phone numbers, dates and places of birth, activities and sports, awards and honors, dates of graduation and other information.

“The district will attempt to communicate with the parent/guardian of the student in any situation that may arise,” the document states. “In the case of law-enforcement, the district will make every effort to communicate with the parent/guardian as permissible by law and the situation.”

Shaker Heights and Oberlin city school district sent similar letters to families.

“Student records will not be shared with Immigration and Customs Enforcement (ICE) unless required by a court order. ICE agents are not permitted to enter our schools without a valid warrant signed by a federal judge,” Shaker Superintendent David Glasner said in his letter. “While immigration enforcement actions on school grounds are highly unlikely, we will respond appropriately and with the same level of sensitivity and care we use working with all local, state and federal law enforcement agencies.”

Oberlin City Schools’ Superintendent David Hall shared with parents its protocol for when immigration agents come knocking: Welcome the agents, ask for their IDs and photocopy them, redirect them to the district’s central office, inform the principal and central office, and ask the agents if they have paperwork – such as subpoenas or warrants and photocopy them for the school board’s attorney.

“Please also note that students have the right against self-incrimination and do not need to provide any information that would establish their residency status. If an agent asks to interview a student, the ADMINISTRATOR will follow legal guidance (notifying a parent, sitting in on the interview, etc,),” the protocol states.

The protocol further instructs school employees to not provide any information about a student unless directed by a principal by using the statement: “I’m not authorized to provide this information.”

Laura Hancock covers state government and politics for The Plain Dealer and cleveland.com.