What happens if immigration agents show up at a Minnesota school
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Minnesota schools are trying to reassure parents and prepare staff after the Trump administration reversed a long-standing policy discouraging immigration enforcement in schools and other "sensitive" places.
Why it matters: Educators fear the mere possibility of an on-campus immigration raid could lead some students to skip school.
- Under a 1982 U.S. Supreme Court ruling, schools have been legally required to enroll children regardless of their immigration status.
The big picture: The Department of Homeland Security recently announced it was ending the policy of avoiding arrests in churches, schools, hospitals, funerals, weddings and public demonstrations.
Yes, but: In public statements and training materials, school officials from Philadelphia to Seattle have made clear that there are still limits to any law enforcement agency's powers to enter campuses for searches or arrests.
How it works: Schools are only required to allow U.S. Immigration and Customs Enforcement (ICE) agents on campus if they have a signed warrant from a state or federal judge, according to the Minnesota Education Equity Partnership. An immigration judge's signature might not be sufficient, Sahan Journal reported.
- Judicial warrants, often connected to criminal cases, carry more weight than civil "administrative warrants" that ICE issues. Schools aren't required to honor those — but staff also aren't always trained to tell the documents apart.
Zoom in: Minneapolis Public Schools has been informing staff about these different warrants, according to training materials viewed by the Reformer.
- MPS is instructing staff not to allow ICE agents to enter a school until the district's lawyers can review the warrant or subpoena.
- If ICE agents come with a subpoena for records on students or their families, the school may need to hand them over. Again, the district asks staff to check with MPS lawyers first, the Reformer reported.
- MPS spokesperson Mary Alice Rosko did not verify the authenticity of these training documents, but told Axios the district "has policies and protocols in place regarding any school visitors, including law enforcement."
St. Paul Public Schools has also urged parents to consider drawing up a "Delegation of Parental Authority," a document that gives someone else the right to make care decisions for a child when the parent cannot.
- The district has also urged parents to update their emergency contact information, spokesperson Erica Wacker told Axios.
Plus: In a statement to Axios, the Anoka-Hennepin School District — the state's largest — said, "Any requests for access to students would be reviewed by the district's legal counsel to ensure compliance with the law."
Rochester Public Schools issued similar guidance urging staff to flag district lawyers before allowing ICE into buildings, noting that an ICE administrative warrant "may or may not be enforceable," the Post-Bulletin reported.
What they're saying: "Little children trying to go to school and learn how to read and write don't pose threats to national security," Nicholas Espíritu, deputy legal director at the National Immigration Law Center, told Axios.
- Even the possibility of enforcement could severely disrupt children's education and growth, he said.
Go deeper: Schools tell parents their kids are safe from ICE arrests on campus
Axios' Alayna Alvarez, Erin Alberty, Mike D'Onofrio, Kate Murphy and Melissa Santos contributed reporting.