ICE in Public Schools

Local schools respond to new ICE Policy

Editor’s Note: This article was updated on Feb. 18 with further information provided by Utah State. 

On Jan. 21, the U.S Department of Homeland Security announced Immigrations and Customs Enforcement would have a change in policy. They would no longer be upholding policies regarding the avoidance of immigration enforcement actions in or near “sensitive areas,” such as schools, places of worship and hospitals.

Under the Obama administration in 2011, ICE issued Policy Memorandum 10029.2. The policy’s purpose was to guarantee actions such as arrests, detentions and interrogations did not occur in sensitive areas unless certain circumstances were met, including terrorism, imminent risks of death or violence or the pursuit of dangerous felons.

Because sensitive areas include services such as medical care and education, ICE felt it was crucial those worried about potential deportation did not deprive themselves or their families of these facilities, according to studyinthestates.dhs.gov. Although this policy was not a law, it was adhered to until last month.

One of President Donald Trump’s first priorities, according to whitehouse.gov, is securing America’s borders and protecting American communities. This is why Benjamine C. Huffman, acting secretary of DHS, revoked Policy Memorandum 10029.2.

The same week these policy changes were announced, faculty, guardians and parents received an email from the Logan City School District administration and Board of Education. The message reassured the district is committed to providing a safe environment for all students regardless of immigration status. They do not collect or share information about a student’s immigration status, and they encourage parents and guardians to ensure their student’s emergency contact information is up to date.

“We will continue to follow laws guaranteeing that all children in the United States, regardless of their immigration status, have a right to a free and appropriate education,” Logan City School District administration and Board of Education wrote.

Shana Longhurst is the district’s director of communications. Families are encouraged to reach out to her with questions or concerns. School administration has received instruction on what to do if ICE enters one of their schools.

“The Superintendent or designee will go to the school and request to see written legal authorization and verify the identity of the agent(s) and work through the process from that point forward,” Longhurst wrote to The Utah Statesman.

If ICE approaches any student, their emergency contact will be notified immediately.

In an interview on The Dr. Phil Podcast, the previous acting director of ICE and Trump’s current border czar Thomas Homan claimed they are not performing sweeps in schools but aiming to access the area around them.

This was explained in more detail by Jason Twede, an associate professor in the criminal justice department at Utah State University.

“I have heard some people trying to defend the decision, saying that the policy had prohibited ICE agents from getting into neighborhoods surrounding a school, neighborhoods surrounding a hospital, et cetera,” Twede said. “Now, whether that’s the actual reason they’re deciding not to follow the policy, I have no idea.”

Regardless of ICE’s intentions, Utah schools have reported a decrease in attendance.

“The Salt Lake City School District, for instance, saw an attendance dip from 91% at the start of January down to 87% by the month’s end,” The Salt Lake Tribune reported.

While a number of the absences are likely due to illnesses common in the winter, Utah Sen. Luz Escamilla told The Salt Lake Tribune families have reached out in fear about the safety of their children.

“It’s not always what actually happens that’s having the impact, it’s the fear of what will happen. Kids are freaking out. Parents are freaking out. They’re not going to send them. Whether ICE actually goes in or not, I think the harm is being done regardless,” Twede said.

Twede believes if ICE begins to enter schools on a large scale, it could harm not only children and families lacking permanent legal status but could also upset and confuse children who are legal citizens. He was a prosecutor in Arizona before working for USU, so he has experience working in law enforcement in a border state.

“The cartel is setting up footholds over the border to make operations work better, so you don’t want that. Do I care if a couple of families come over to escape the less-than-ideal, we’ll say generously, conditions? I can sympathize with them,” Twede said. “I just think it’s being misrepresented by both sides, depending on what their slant is. I think people get hung up on trying to make this a black and white issue.”

Amanda DeRito, associate vice president for strategic communications at USU wrote in an email to The Utah Statesman the university will be following the Family Educational Rights and Privacy Act, meaning USU is unable to release certain personally identifiable information about students without consent. USU is not aware of any planned enforcement actions as of Feb. 18.