Immigration Enforcement in Schools: Why Now Is the Time to Review and Reinforce School Policies
Immigration Enforcement in Schools: Why Now Is the Time to Review and Reinforce School Policies
On January 22, 2026, it was widely reported in the news that Immigration and Customs Enforcement (“ICE”) detained four children during an enforcement action at a Minnesota school. This event immediately raised concerns once again about the role of schools relative to immigration enforcement actions.
Although the incident occurred outside New York, it serves as a timely reminder for all New York schools, whether public or private, to revisit their policies and refresh staff training so that school leaders and all personnel have a clear understanding of what to do if ICE agents land at their doorstep.
Schools’ Obligation to Serve All Students Regardless of Immigration Status
The United States Supreme Court long ago established a clear legal right to education regardless of immigration status. See Plyler v. Doe, 457 U.S. 202, 230 (1982). While Plyler does not address enforcement activity on school grounds, it underscores that schools are not immigration enforcement venues and must remain focused on providing educational access. New York prohibits schools from denying enrollment based on immigration status, and applicable regulation prohibits requesting any information that “would to reveal the immigration status of [a] child....” 8 NYCRR 100.2(y)(3)(i)(a)(2). The State Attorney General and the New York State Education Department have jointly emphasized this legal entitlement, stating that “all children in New York State have the right to a free public education, regardless of their immigration status.” Safeguarding the Rights of Immigrant Students, N.Y. Att’y Gen. & N.Y. State Educ. Dep’t (Jan. 27, 2025), available at https://ag.ny.gov/education-students/safeguarding-rights-immigrant-students.
Training, Policy Refresh, and Staff Awareness
The recent Minnesota incident underscores that written policies alone are insufficient if staff are not regularly trained. Schools should ensure that administrators, safety agents, front office staff, and teachers understand:
• How to respond if federal immigration agents appear on campus
• Who must be contacted immediately within the school or district
• What information may not be shared without legal authorization
Preparedness and clarity are critical to minimizing risk when immigration enforcement issues arise, and also to protected the health, welfare, and safety of the school community. Schools that have clearly defined protocols, well-trained staff, and established escalation procedures are far more likely to ensure a safe environment and prevent disruptions to their students’ education.
How We Can Help
If your school has questions about how these developments affect existing policies or protocols, would like assistance with reviewing or updating procedures for compliance with New York State law and guidance, or needs support training administrators and staff on proper response protocols, we are well positioned to help.
This publication is for informational purposes only and does not constitute legal advice. Attorney advertising.