COLUMBUS, Ohio — The American Civil Liberties Union of Ohio issued a legal memo Tuesday to state school officials outlining the rights of immigrant students and offering guidance on how to prepare for potential immigration raids at schools.
The memo comes after the Trump administration on Jan. 21 rescinded a policy that had previously limited immigration raids at schools and other “sensitive locations.” With the change, U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection now are permitted to conduct operations at or near schools, playgrounds and bus stops.
The ACLU memo emphasizes that federal and state laws protect every student’s right to an education regardless of immigration status. It advises school districts to develop protocols in the event that immigration agents take enforcement action on campus. The memo also recommends that districts refrain from asking about students’ immigration status and minimize the collection of other related information.
In addition, the memo outlines the need to protect the privacy of student records and to ensure that any school security officers comply with student privacy laws.
“We hope this letter empowers school administrators to lead with compassion, not cruelty. Mass raids and deportations tear apart our communities. We must work together to prevent harm and to ensure that all Ohio children can receive the education they need to thrive,” said J. Bennett Guess, executive director of the ACLU of Ohio.
Amy Gilbert, senior staff attorney for the ACLU of Ohio, added, “The federal government’s revocation of its ‘sensitive locations’ policy does not affect the constitutional right of immigrant children to an education, does not affect the legal responsibilities of school districts towards their students, and does not affect a school’s own legal rights regarding who may enter its property. Ohio schools must remain safe places for all children to learn and grow, regardless of their immigration status.”
The memo is intended to address confusion and concern among school administrators as they navigate the evolving landscape of immigration enforcement in educational settings.
View the memo in its entirety below: