School Policy on Interactions with Law Enforcement and Immigration

November 21, 2025 | by mjones

School Policy on Interactions with Law Enforcement and Immigration
Authorities (ICE)
I. Purpose
This policy establishes clear guidelines for interactions between school personnel and
law enforcement agencies, including Immigration and Customs Enforcement (ICE). The
purpose is to protect the rights, privacy, and well-being of all students while ensuring
compliance with federal and state laws.
II. Scope
This policy applies to all school personnel, including administrators, teachers, staff,
and any individuals acting on behalf of the school, in all interactions with law enforcement
agencies, including local police, state authorities, federal agencies (such as the FBI and ICE),
and school resource officers.
III. General Principles
 Under Plyler v. Doe (1982), all children, regardless of immigration status, have the
right to a free K-12 public education. 1
 Schools should ensure that no student is deterred from accessing education due to
concerns about law enforcement actions.
 School personnel shall not take any action that could expose students to immigration
enforcement, except when required by law.
 All interactions with law enforcement agencies must comply with federal and state
laws, including the Family Educational Rights and Privacy Act (FERPA) and
applicable student privacy laws.
IV. Definitions
 Law Enforcement Agents: Officers from local police departments, state law
enforcement agencies, federal agencies (such as ICE, FBI, or DHS), and school
resource officers.
 Personally Identifiable Information (PII): Information that can be used to identify an
individual, including name, address, Social Security number, and other sensitive data.
 Education Records: Student records maintained by the school or a third party acting
on behalf of the school, protected under FERPA.
 Disclosure: The release, transfer, or access to information outside the entity holding
it.
 Protected Areas: School grounds, school facilities, bus depots, pick-up/drop-off areas,
and school-related events where immigration enforcement should not occur.
1 Plyler v. Doe, 457 U.S. 202, 102 S. Ct. 2382, 72 L. Ed. 2d 786 (1982) (holding that states may not deny free public
education to undocumented children under the Equal Protection Clause, and that policies discouraging
enrollment—such as requiring or sharing immigration status—may undermine this constitutional right).

V. Law Enforcement Access to Student Information
1. Requests for Student Records
 Schools shall not disclose student education records or personally identifiable
information (PII) unless:
o A valid subpoena, warrant, or court order is presented. 2
o The request falls under FERPA’s emergency disclosure exception.
 If law enforcement requests student records:
o The principal/designee must verify the agent’s identity and retain a copy of
their credentials.
o If presented with a valid judicial warrant, records must be provided
immediately, and parents must be notified as soon as possible.
o If presented with a subpoena or court order, reasonable efforts must be made
to notify parents before disclosure.
o If no legal order is presented, legal counsel must be consulted before any
information is provided. 3

2. Emergency Disclosures
 School administrators may disclose limited PII without consent if there is an
imminent health or safety emergency.
 Any such disclosures must be documented, including:
o The specific threat that justified the disclosure.
o The information shared and the recipient.
VI. Interrogations and Arrests on School Grounds
Absent exigent circumstances (e.g., preventing harm to a student, preventing
destruction of evidence of a serious crime, or preventing flight from the area by a student
suspected of serious criminal activity), interviews of students by law enforcement authorities
about matters unrelated to school shall be conducted away from school and after school
hours. If a law enforcement agent requests to interview a student at school about a non-
school related matter, the procedures outlined below shall nonetheless be followed.
1. Interrogations by Law Enforcement
 If law enforcement requests to interview a student regarding a school-related incident:
o The principal/designee must be notified.
o A valid subpoena, warrant, or court order must be presented.

2 See 34 C.F.R. § 99.31(a)(9)(FERPA exception for compliance with subpoena or court order).
3 US Constitution, Amend. IV; US Constitution, Amend. XIV, Sec. 1; 20 USC 1232 (g-i) (Family Educational Rights
and Privacy Act); 34 CFR 99.1-99.67 (Family Educational Rights and Privacy - Federal Regulations); La. Rev. Stat.
Ann. §§17:416, 17:416.3, 17:3913, 17:3914; New Jersey v. T.L.O., 469 U.S. 325, 105 S. Ct. 733.

o Every effort must be made to notify the student’s parent or guardian before the
interview, unless extenuating circumstances exist (e.g., risk of harm,
destruction of evidence).
o If a parent/guardian wishes to be present, the interview should be delayed if
feasible.
o A school official must be present during the interview if a parent is not
available.
o Students have the right to refuse to speak with law enforcement.
 If law enforcement seeks to interview a student about a non-school-related incident,
the interview should occur off school premises and after school hours, unless exigent
circumstances exist.
2. Arrests on School Grounds
 Schools must cooperate with law enforcement but should minimize disruption to
students.
 A student may only be released to law enforcement officers upon presentation of a
valid judicial warrant, attachment, or subpoena.
 If a student is arrested:
o Staff must attempt to notify the parent/legal guardian immediately.
o The incident should be documented in school records.
VII. Interactions with Immigration and Customs Enforcement (ICE)
1. Protected School Spaces
The school considers school property, facilities, and related areas including parking lots,
bus depots and pick-up and drop-off areas as protected areas for the purposes of
immigration law enforcement. Therefore, it is the school’s policy that the school
premises, including adjacent areas used for school-related activities, and school-related
events are considered protected spaces at which immigration enforcement actions should
not occur.
The school defines protected areas as the school, all of the property owned by the school,
including facilities owned, controlled, or leased by the school, official activities of the
school, including those occurring in public places and adjacent areas.
This designation shall apply regardless of whether federal agency policy is modified or
rescinded.
Accordingly, ICE agents are not permitted on school grounds without a valid judicial
warrant. Administrative ICE warrants (not signed by a judge) do not grant ICE access to
students, school facilities, or school records.
3. ICE Requests for Information

 School personnel shall not voluntarily share any information about students’
immigration status.
 If ICE agents request student records:
o The principal/designee must contact legal counsel immediately before
providing any information.
o Parents/guardians must be notified, unless legally prohibited.
o Only a judicial warrant (not an administrative ICE warrant) may authorize the
release of student records.
4. ICE Presence on School Grounds
Immigration and Customs Enforcement officers, or state and local law enforcement
acting on behalf of Immigration and Customs Enforcement or any other federal agency
under the purview of the Department of Homeland Security or the Department of State,
must adhere to the following protocols before entering school grounds:
 Law enforcement must present a valid, judicially authorized warrant or subpoena.
 The principal/designee must deny access until legal counsel is consulted.
 A school administrator must accompany ICE agents at all times if access is granted.
 Parents/guardians must be notified as soon as possible.
5. ICE Requests for Persons
Should immigration law enforcement agents attempt to detain, apprehend, interview,
search, arrest a student or any person or to otherwise enforce immigration laws on school
grounds, (e.g., detention or apprehension, arrest, interview, or searches of individuals),
the school principal/designee shall:
 Comply with the procedures set forth in “Interrogations by Law Enforcement” above.
 Immediately contact network legal counsel for guidance prior to allowing any access
to the school site or to any student or student information.
o If ICE agents present a warrant, it's crucial to verify that it is a judicial warrant
signed by a judge (see example), not an administrative warrant issued by ICE
(see example).
o An ICE warrant does not grant an immigration officer access to non-public
areas of school grounds, nor does it allow ICE agents to search school records.
o Schools are not required to assist with or consent to U.S. Immigration and
Customs Enforcement (ICE) agents’ access to students or facilities if the
agents present only an administrative warrant.
o Administrative warrants, issued by ICE officials, do not carry the same
authority as judicial warrants signed by a judge or magistrate.

 Provide the agents with a copy of this policy and advise them that you are required to
comply with this policy prior to allowing them access to the school site or to any
student or student information.
 Make every reasonable effort to notify the parent/legal guardian or parental designee.
VIII. Training and Compliance

All school staff will receive annual training on this policy and their legal
responsibilities regarding interactions with law enforcement and ICE. Training will include:
 How to respond to law enforcement requests.
 Identifying the difference between a judicial warrant and an administrative ICE
warrant.
 The importance of student privacy.
School leaders will ensure that all policies are consistently followed and report any violations
to legal counsel.
IX. Reporting and Documentation
Any interactions with law enforcement or ICE agents must be documented.
Documentation shall include:
1. The date, time, and location of the incident.
2. The name, agency, and badge number of the officer(s) involved.
3. The nature of the request (e.g., request for records, student interview, or arrest).
4. Persons present.
5. Actions taken by school personnel.
6. Any notifications made to parents/guardians.
X. Conclusion
This policy ensures that interactions with law enforcement, including ICE, are
handled with transparency, legal oversight, and respect for student privacy. Schools remain
committed to protecting all students and ensuring a safe and inclusive learning