In recent months, concerns about immigration enforcement have grown – especially in places where students should feel safe: their schools. At our firm, we believe every student deserves to understand their rights. If you or your child is ever in a situation involving U.S. Immigration and Customs Enforcement (ICE) at school, here's what you need to know.
ICE Can’t Just Walk In
ICE agents are not allowed to enter school grounds and begin questioning students without proper authorization. For ICE to enter a school building or access a student, they must have one of the following:
· A valid court-issued warrant or subpoena, or
· Consent from the student (if over 18) or their parent/guardian (if under 18).
No warrant? No consent? Then ICE has no legal authority to enter. School staff are within their rights to ask ICE agents to leave.
Your Information Is Protected
Under the Family Educational Rights and Privacy Act (FERPA), schools are prohibited from sharing personal student information, including immigration status, without written consent from a parent or guardian (for students under 18) or the student themselves (if over 18).
The only exception is if ICE presents a valid court order. Even then, the school is required to notify the student or their family before complying to give them the opportunity to respond or seek legal guidance.
If ICE Tries to Question or Detain a Student
This is where knowing your rights matters most. If ICE attempts to question or detain a student, the student has the following constitutional rights:
· The right to remain silent,
· The right to an attorney,
· The right against self-incrimination, and
· The right against unreasonable search and seizure.
One important note: minors do not have the legal right to have a parent present during questioning by ICE. That’s why it is crucial for students to clearly state that they are choosing to remain silent and that they want to speak to a lawyer before answering any questions.
Schools Should Be Safe Spaces
No student should have to fear going to school. ICE activity on or near school grounds can be distressing, but it is essential to remember that the law provides protections. Schools, families, and legal advocates must work together to make sure every student understands these rights and feels supported.
If you have questions about a specific situation involving a student and immigration enforcement, or if your school community would benefit from a training or resource guide, please contact our firm. As stated in our mission, Abdnour Weiker is here to protect the rights and futures of students and educators.