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DHS Rescinds “Protected Areas” Policy That Restricted Immigration Enforcement in Schools

The federal Department of Homeland Security (“DHS”) issued a statement yesterday that DHS has rescinded its policy restricting immigration enforcement in “protected areas.” Beginning in 2011, the Department has operated under a series of policy memoranda directing its staff to refrain from immigration enforcement in “sensitive locations” and “protected areas.” “Sensitive locations” and “protected areas” included schools and other places where children gather, places of worship, medical and mental healthcare facilities, social services establishments, locations where emergency relief was being provided, locations of religions and civil ceremonies, and parades, demonstrations, and rallies. This Memorandum (Guidelines for Enforcement Actions in Protected Areas, October 27, 2021), in place until yesterday, provided that Immigration and Customs Enforcement (“ICE”) would not take enforcement action in “protected areas.”

This statement follows a series of Executive Orders issued by President Trump on January 20, 2025, reversing Biden-era Executive Orders on the topic of immigration and outlining new immigration policy. The new Executive Orders directed federal departments and agencies to take all appropriate action to promptly revoke all memoranda, guidance, or other policies based on the rescinded Executive Orders and to employ “all lawful means to ensure the faithful execution of the immigration laws of the United States against all inadmissible and removable aliens.” Hodges Loizzi will continue to monitor developing details of ICE enforcement policy.

Although this change in enforcement policy expands the locations where ICE may choose to engage in immigration enforcement activities, it does not expand ICE’s legal authority to gain access to students in schools or request student record information. ICE does not have unfettered access to students in schools for questioning or interviews as part of the agency’s enforcement efforts. Similarly, DHS’s policy change does not affect a school’s obligations under FERPA to maintain the confidentiality of student records and student record information.

Schools should consult with Board legal counsel to develop protocols in responding to a potential increase in immigration enforcement activities, including the following:

  • Responding to requests for student records and student record information, including subpoenas and court orders;
  • Responding to requests to access students in schools for immigration-related interviews; and
  • Navigating the differences between ICE administrative warrants and judicial warrants to arrest and detain students.

We understand this DHS guidance raises complex and nuanced issues for school districts in balancing both student safety and appropriate collaboration with law enforcement agencies. As a result, please contact Michelle Todd, Jen Deutch, Heather Brickman, or Jeff Goelitz with any questions related to immigration enforcement protocols in your schools.