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A group of Texas lawmakers on Thursday urged education officials to issue “clear and detailed guidance” to school districts on how to prepare for federal immigration enforcement after the Trump administration eliminated a policy that long prevented officers from making arrests on school grounds.
The Mexican American Legislative Caucus sent a letter to Texas Education Agency Commissioner Mike Morath calling on the department to provide direction to school districts on protecting student records, establishing procedures for interacting with immigration authorities and providing mental health resources for anxious and fearful students.
The prospect of U.S. Immigration and Customs Enforcement officers “entering classrooms to detain and remove students presents an unimaginable threat to Texas children's physical safety, emotional wellbeing, and ability to learn,” the lawmakers’ letter says. “It is imperative that the TEA act swiftly to protect the integrity of our educational institutions and the wellbeing of our students by ensuring that Texas schools are fully informed of their rights and responsibilities when faced with federal immigration enforcement actions.”
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Read Texas Democrats’ letter asking the TEA to issue immigration guidance to schools
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A state education agency spokesperson referred The Texas Tribune to Gov. Greg Abbott’s office for comment. Abbott’s office did not immediately respond to an email seeking comment.
The letter, signed by more than two dozen Democratic Texas legislators, comes days after President Donald Trump slashed a policy that prevented immigration authorities from conducting enforcement activities at “sensitive locations,” a definition that included churches and schools. The policy required immigration officers to receive permission from higher-ups to make arrests on school grounds, unless in the case of a threat or an emergency.
Lawmakers sent the letter days after the Tribune reported on how several Texas school districts are taking a cautious, “wait and see” approach to the Trump administration’s mass deportation plans, citing concern about potentially causing panic among their communities and disrupting students’ education.
Although the Trump administration has now rolled the sensitive locations policy back, two long-standing federal protections remain in place: the U.S. Supreme Court’s Plyler v. Doe ruling and the Family Educational Rights and Privacy Act, or FERPA. Those protections override any policy memo that immigration officers follow, according to New York-based immigration rights attorney Brad Bernstein.
Plyler makes clear that states cannot deny a child an education based on their citizenship status or take actions that would discourage them from enrolling in school — like conducting immigration enforcement activities on campus. FERPA ensures that schools can protect children’s personal information in student records, requiring them to receive written consent or a court order before they can release private information. Schools also cannot ask students about their immigration status.
Immigration rights advocates and attorneys recently told the Tribune that school districts should have robust plans in place in case immigration officers show up on their campuses. They advise that those plans should include guidance on how to interact with officers and what to do if a child’s parent does not show up to pick them up from school, presumably because of an immigration-related arrest.
Several school districts told the Tribune they planned to consult with their district’s legal counsel before making any decisions about whether to allow immigration enforcement to occur at their schools. They also said they planned to prioritize student safety.
In the letter to education officials Thursday, lawmakers said it was of “critical importance to ensure that schools remain safe and supportive environments for all students, and maintain the integrity of students' legal and educational rights.”
Meanwhile, a federal judge on Thursday blocked another one of the Trump administration’s immigration orders — to eliminate guaranteed citizenship of babies born to undocumented parents — from taking effect, calling the act “blatantly unconstitutional.”