Massachusetts Attorney General Campbell releases guidance for schools on federal deportation efforts

In light of new policies under the Trump administration allowing ICE agents to raid and make arrests within schools and other sensitive locations, the Massachusetts AG released guidance for the state’s schools to protect all students’ right to a free public education regardless of citizenship status.

“The Office of the Attorney General has heard concerns from school administrators and others about how potential changes to federal immigration policies might affect their students, communities, and classrooms,” AG Andrea Campbell wrote to schools.

“This guidance describes some of the issues that might impact immigrant students in K-12 schools, and describes some of the schools’ legal obligations as well as steps they can take to support students and families and maintain an environment conducive to learning for all,” she added.

Dated Friday, the AG guidance includes students’ legal rights and what to do if federal immigration agents request information or access to students. The document notes that the guidance is not legal advice or the formal legal opinion of the AG.

The AG’s release follows a federal policy change within the first week under the Trump administration, allowing ICE agents to enter and make arrests in sensitive locations like schools, hospitals and religious institutions.

“We are really clear about schools’ obligations to protect students and their information, because this is a strong component of protecting students’ education information at the heart of it as well,” DESE Acting Commissioner Russell Johnston said during a Board of Elementary and Secondary Education meeting Tuesday morning.

Asked if the federal policy change may be impacting attendance due to immigrants’ students concerns about coming to school, Johnston said the department does not have the data yet but is continuing to track it.

The state education department will host webinars on the guidance with the AG’s office for district and school officials.

In Boston, both the BPS superintendent and Mayor Michelle Wu spoke on policies protecting students in light of new ICE policies. Wu reiterated that no unauthorized adults are allowed on school property in a WGBH interview Monday.

If an ICE agent seeks access to students, the AG’s guidance states, officials should refer them to the district’s central office, notify their parents or guardians, and contact the district’s legal counsel.

If the agents attempt to remove a student from a classroom, schools must see written consent from a parent or guardian or a valid federal or state warrant. In the case of a valid warrant, the school should contact legal counsel immediately, the guidance directs.

Schools are also responsible for protecting students’ personal data, the document states, and there are narrow circumstances in which a school may give students’ information to third parties, like ICE agents, without specific parent or guardian consent. Exceptions include judicial warrants or subpoenas, education department officials’ legal requests, and health and safety emergencies.

“If a staff member believes an exception may apply in any given situation, they should contact the district superintendent immediately and wait for their instructions before making any disclosure,” the guidance says. “School superintendents should consult legal counsel to ensure they are adhering to student privacy laws.”

The AG’s document also recommends schools consider revising enrollment policies to further protect students’ data.

“As a general matter, schools should not collect for enrollment purposes or maintain documents that contain passport information, visa information, and Social Security numbers,” the guidance states. “This information is not necessary to confirm age or residency and collecting it creates additional data protection obligations, and risks deterring enrollment on the basis of immigration or citizenship status.”

The AG also provides guidance for assisting families concerned about their immigration status in light of the new policies.

“As part of a school district’s broader planning efforts relating to circumstances that might make it unsafe for a child to return home, they should prepare for the event in which a parent is arrested or detained by ICE,” the guidance states.

The AG’s guidance directs families to the “Emergency Planning Guide for Parents with Uncertain Immigration Status” and to find further assistance by calling the Civil Rights Division of the Office of the Attorney General.

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