State education officials released guidance to K-12 public schools Tuesday afternoon on how local district leaders should respond to “immigration activities,” including in cases where federal immigration officers request student information or come onto school property.
The two-page document addressed common questions the Education Department has received from school districts about changes in U.S. Homeland Security policy guidance, and it stressed that both state and federal law “protect a student’s right to attend public schools, regardless of their immigration status.”
The guidance came a week after the Trump Administration announced that officers with the federal Immigration and Customs Enforcement and Customs and Border Protections agencies could now make arrests at schools, churches and hospitals — places that had long been considered “sensitive locations,” and barred from immigration enforcement.
The guidance document said that under the Federal Education Rights and Privacy Act (FERPA), student records would be protected. “Connecticut schools have no obligation to collect or maintain the immigration status of students or their family members,” the document read.
Many communities with significant immigrant populations have been on edge in the days following the DHS policy shift, and a purported increase in law enforcement in some communities has stoked fear and confusion.
The CT Mirror reached out Tuesday morning to ICE’s Boston field office, which covers New England states, asking for numbers on how many people have been arrested by federal immigration agents in the state in the past week. The agency did not respond to the emailed question.
Officials in several municipalities in Connecticut confirmed the presence of immigration agents in recent days. The Windham town manager put out a statement acknowledging the presence of the federal agents on Monday. New London officials also confirmed that immigration agents were in that city the same day. And on Tuesday, the Stamford Mayor’s office told The Connecticut Mirror that ICE told the police department it would be conducting “surveillance” in the city.
Several school districts across Connecticut have also released public statements and sent emails to families to explain their existing policies.
Bridgeport Public Schools led the charge — releasing a statement on Jan. 21 that “reaffirmed its commitment to protecting the safety and privacy of all students and families,” at a local board of education meeting.
“We will not tolerate any threats to the safety or dignity of our students,” Interim Superintendent Royce Avery said. “Every student in Bridgeport, regardless of their immigration status, has the right to feel secure and supported in our schools. …Our schools will remain a safe space where all students can learn, grow, and succeed without fear or discrimination.”
The district, in an email to families, further detailed its guidelines, which included protocols for visitors and explicitly prohibited immigration activities on school property, transportation routes or during school activities “without prior approval from the superintendent.”
Other districts — among them West Hartford, Stratford, Meriden, Manchester, New Haven, Waterbury, Hartford and New Britain — have followed suit with statements clarifying their procedures.
University of Connecticut President Radenka Maric also circulated a message to students and staff Tuesday, pointing to the university’s previously issued guidance for immigration enforcement on campus. Maric said campus police will not ask individuals about their immigration status, detain people “solely on the belief they are in the country illegally,” or make arrests “solely pursuant to an ICE detainer.” Maric also said it’s unlikely agents would enter classrooms, but “in the event it does, we encourage faculty or staff to contact the UConn Police Department and/or the Office of the General Counsel.”
At a press conference Tuesday morning, Gov. Ned Lamont said Connecticut’s public K-12 schools are “primarily places for learning and growth,” and he emphasized the importance of families feeling welcomed and protected in educational spaces “so educators can focus on teaching and students can focus on learning.”
“To achieve this, we are supporting our school leaders in developing procedures that prioritize the protection of students and their information to the fullest extent permitted by the law,” Lamont said.
The state Department of Education’s guidance spelled out that schools already “routinely restrict access to school grounds during the academic day for the protection of students and staff and to limit disruptions to the learning environment.” But it advised consulting legal counsel to ensure procedures are complete and up to date.
The guidance also instructed school officials to ask federal immigration agents whether they have a judicial warrant granting them access to the school property, and it cautioned school officials to review any paperwork the agents provide to them to determine if the warrant is actually signed by a judge.
That step is important, the document noted, because ICE often uses what are known as administrative warrants, which do not carry the same weight as orders reviewed and signed by a judge. The Federal Law Enforcement Training Centers have instructed federal officers in the past that administrative warrants did not give them authority to enter non-public areas without permission.
Dan Barrett, legal director of the ACLU of Connecticut, said, “ICE uses words, documents, body language, and context props like windbreakers that say ‘Police’ on them to give a person the impression that they must comply with whatever ICE demands. But schools have the job of keeping children and their information safe, and so they should calmly and carefully read any document that an ICE employee claims to require permitting the detention or interrogation of kids.”
The Education Department further recommended school districts establish or update protocols for visitors seeking access to school grounds and student information. According to the document, that could include:
- Requesting and recording immigration agents’ identification, including their name, badge or ID number, telephone number and business card;
- Designating school official(s) as the “point person for requests and visits by agents;”
- Creating a review process for any warrant or other materials presented by an agent and what it authorizes;
- Consulting with district legal counsel on how to proceed “depending on: the nature of a request; whether a warrant is produced; the details of a warrant; the judicial or administrative nature of any such warrant; whether an immigration agent claims exigent circumstances; and any other considerations identified by legal counsel.”
Beyond protocol guidance for dealing with ICE officers, the state Department of Education also urged districts to make information accessible in several languages and to provide mental-health support services.