For many children, back-to-school season means new teachers, new friends, and fresh opportunities. But for immigrant families—especially those with mixed or undocumented status—this time of year can also bring anxiety. Recent policy changes mean that schools may no longer be treated as “sensitive locations,” raising concerns about potential encounters with Immigration and Customs Enforcement (ICE).
Here’s what families should know as they prepare for the school year:
1. Schools Are No Longer Guaranteed “Safe Zones”
For years, ICE generally avoided schools, but that protection has been rolled back. While agents still need a judicial warrant signed by a judge to enter private areas of a school, administrative warrants (common in immigration cases) are not enough. This distinction is critical for families and school staff to understand.
2. Every Child Has the Right to Attend School
Regardless of immigration status, all children in the U.S. have the right to a public education under the Supreme Court’s Plyler v. Doe decision. Schools cannot ask about immigration status or share a student’s information with ICE without a proper court order.
3. Families Should Be Prepared
- Keep emergency contacts updated at your child’s school.
- Consider preparing legal documents (such as guardianship or caregiver affidavits) to ensure children are cared for in case of detention.
- Teach children what to do if ICE approaches: stay calm, know their rights, and contact a trusted adult.
4. Know Your Rights with ICE
- You do not need to open the door unless ICE presents a valid judicial warrant.
- You have the right to remain silent.
- Do not sign documents without legal advice.
- Seek support from an immigration attorney if you or a loved one is detained.
5. Schools Are Preparing Too
Districts across the country are training staff to recognize valid warrants, respond lawfully to ICE, and support students in moments of crisis. This preparation helps protect families and ensures schools remain safe spaces for learning.
Final Thoughts
Back-to-school season should be about learning—not fear. But the reality of today’s immigration policies means preparation is more important than ever. By knowing your rights, keeping documents in order, and staying connected with your school and legal support, you can help protect your children and your family.
📞 If you have questions about your family’s rights or want help creating a preparedness plan, call us today at +1 (310) 905-8701 to schedule a consultation.
Disclaimer: This post is for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship.
