On Jan. 20, the newly sworn-in president Donald Trump signed a flurry of executive orders, many of which had to do with reversing the Biden administration’s policies on immigration. One of the major changes put into place is that churches and schools are no longer considered safe havens for undocumented immigrants. This means immigration officers will now be allowed to arrest immigrants in churches and on school grounds. With these changes being brought into action, guidance has been issued to school leaders across Wake County on what to do if the U.S. Immigration and Customs Enforcement (ICE) comes knocking at their door. To answer the many questions that have come up, WCPSS issued a question-and-answer message to principals and a separate post addressing families of WCPSS students on this topic.
The message sent to principals explains that legal immigration status is not a requirement for being enrolled in WCPSS schools. This is because, in 1980, the US Supreme Court determined that it is unconstitutional to deny a free public education to undocumented children in the case Plyler v. Doe. The ruling explained that the children were innocent, and to deny them education would cause them a lifetime of hardship, and would not provide any benefit to the state or federal government.
The recent executive orders do not change the fact that school staff may not ask families about their visa or immigration status. Due to the Supreme Court case, the immigration status of a student is not relevant to the school, and asking families for this information violates federal law.
What has changed with the new administration is the revocation of “protected areas,” including schools, healthcare facilities and places of worship. Immigration officials may now enter the former protected areas, including schools. Current guidance to principals states that generally, the immigration officials would come with a warrant, and if that happens, the principal should immediately consult with the superintendent, who will contact the WCPSS attorneys.
The WCPSS guidance to principals indicates that officials are not yet sure exactly how the new orders will be enforced. Their guidance states, “The Department of Homeland Security announced that the current administration will trust immigration officials to use ‘common sense’ when deciding whether to pursue ‘criminal aliens’ in schools, churches, and other sensitive locations.” What remains uncertain is whether or not this means ICE agents can enter schools and other sensitive areas to detain Immigrants that have “violated civil immigration laws” but are not considered “Criminal Aliens.”
Thus far, guidance to both principals and families states that the schools should “continue to provide a safe and welcoming environment for all students, regardless of immigration status.”
The interpretation of current conditions seems to be that, without a warrant, ICE officials will not enter public schools. If they do arrive unannounced, the school staff should ask them to wait while they alert the principal, who will alert the superintendent. The staff are instructed to gather all possible information from the agent, including their name, title and reason for requesting admission to the school. Staff are instructed not to physically intervene if the agent insists on entering immediately. If this were to occur, staff are instructed to document the incident fully.
It is important to note that there are no confirmed cases of an immigration official coming unannounced to a public school and demanding entry. Still, guidance is being issued in case this were to occur in the future. If this ever were to happen at Green Hope, Principal Allison Cleveland would be immediately notified and she would contact the Area Superintendent for guidance on the matter.
ESL Teacher Carrie Foley talked about how important diversity is to the Green Hope High School community, saying “our students at Green Hope come from over seventy different countries, speak over fifty different languages, and bring a rich international perspective to our school. Since we have such a culturally diverse community here at Green Hope, I don’t believe immigration policy will affect the attitudes of people here at Green Hope towards our Multilingual Learners.”
So far, it seems that the guidelines from the new administration will not have an immediately noticeable impact on Wake County schools. Foley elaborated on this stating, “By law, every child has the right to a public education, regardless of their citizenship status. That hasn’t changed, and WCPSS remains committed to following all federal and state laws that protect our students.”
As people across America work to understand and adapt to the changes in power and policy in the nation’s capital, WCPSS continues to focus on its mission of educating students. Wake County Public Schools has repeatedly insisted that its key motive always has been and remains to be, to create and maintain a welcoming and safe environment for all students.
