State education board issues guidance to schools on Trump immigration actions
The Illinois State Board of Education has issued guidance to schools in the wake of President Donald Trump’s proposed mass deportations of immigrants without legal documentation.
Regardless of students’ immigration status or that of their parents or guardians, all children are entitled to equal access to basic public elementary and secondary education, State Superintendent of Education Tony Sanders wrote in his weekly message to schools. That standard has been upheld by the U.S. Supreme Court, even in instances when a student may be undocumented, he added.
“We have both a legal and moral obligation to protect our students’ rights within our buildings,” Sanders said.
Schools are not allowed to track or inquire as to a student’s or parent’s citizenship.
“School buildings should be safe havens,” Illinois Education Association President Al Llorens said. “Our students should not have to fear attending school. Their parents should not have to worry that their children might not come home because they were taken into custody by Immigration and Customs Enforcement (ICE). … Our educators should not be put in the crosshairs of these political policies.”
Sanders said the state education board has received numerous requests from districts regarding enforcement actions by the U.S. Department of Homeland Security or one of its associated agencies — U.S. Immigration and Customs Enforcement or Customs and Border Protection — on school property.
The board has issued nonregulatory guidance for public schools available at isbe.net. It recommends school boards and superintendents consider the following actions:
• Adopt policies and guidance clearly explaining the steps schools should take in the event immigration enforcement personnel seek to carry out an enforcement action or request information.
• Establish a point person or department where I.C.E. personnel can be directed should they arrive on campus.
• Establish a point person or department to review records requests or subpoenas from I.C.E. or other authorities.
• A school’s policy should be available to and discussed with staff and faculty members.
• Schools should ensure their student data-sharing policies are up-to-date and readily available.
• Instructional, administrative and other staff and faculty members should receive appropriate training to ensure proper implementation of school policies.
• Schools should encourage parents to keep their child’s emergency contacts updated and accurate.
• Schools are encouraged to have policies and procedures in place in the event a student’s parent is detained or deported.
“We can and should do everything within our power to protect our students and their right to learn while in our care,” Sanders wrote. “I advise every district to take the necessary steps outlined above to prepare to respond to immigration enforcement action.”
The Illinois Coalition for Immigrant and Refugee Rights has resources for immigrant families, including a Know Your Rights fact sheet in English, Spanish, Chinese and French. The ACLU provides a Know Your Rights resource with guidance for families in English and Spanish.
Also, the National Partnership for New Americans has compiled a live document with legal protection resources and materials that will be updated continually.