The words “back to school” can be anxiety-inducing for so many New York students and families, but parents, educators and immigrant advocates say that for many without legal immigration status, the worry is even more pronounced amid the Trump administration’s ongoing immigration crackdown.
Besides considering what backpacks and notebooks to buy, these parents must necessarily consider some potentially life-altering questions: Can U.S. Immigration and Customs Enforcement agents enter local schools? Can schools share information with ICE? And who will care for children whose immigrant parents are unexpectedly detained?
“ There is trepidation in immigrant communities and increased stress, knowing that, last year and [during] the summer even, students have been detained following immigration hearings,” said Katie Kurjakovic, the English language learner specialist at the United Federation of Teachers, the main labor union for New York City teachers.
There have been fewer than a half-dozen reported cases of immigrant New York City public school students being detained by ICE — often following court hearings, and not on school premises — since President Donald Trump took office Jan. 20 and ramped up immigration arrests and deportation.
But the pace of ICE enforcement actions has picked up this summer, as the administration began targeting immigrants leaving court hearings.
Here’s what parents without legal immigration status should know as the new school year is set to launch, according to policy experts, educators and immigrants’ rights lawyers.
Should immigrant parents continue to send their children to school?
The universal guidance from educators and others is yes. Specifically, the city’s Department of Education is encouraging parents to keep their children enrolled, despite immigration enforcement fears.
“We want to reassure all families: Our schools are safe, welcoming places, and we encourage you to continue sending your children to school, where they are cared for and valued,” department spokesperson Nicole Brownstein said in a statement.
Every child has a right to a public school education, regardless of their immigration status, according to long-standing U.S. Supreme Court precedent. Under New York state law, all state residents have the right to attend public school between the ages of 5 and 21.
Students also have a right to receive translation and interpretation services, if needed, and free breakfast and lunch if they qualify, according to Diana Aragundi, assistant director of the Immigrant Students’ Rights Project at the nonprofit Advocates for Children.
Can we expect to see ICE agents showing up at schools?
The second Trump administration said early on that it would no longer treat schools, hospitals and courthouses as “sensitive locations” off-limits to immigration enforcement.
While reports have emerged of ICE attempting to enter public schools in California, there have been no documented incidents of ICE officers seeking entry into city public school buildings, according to the education department.
ICE will only be allowed to enter public schools “when absolutely required by law,” according to the city Department of Education website. In practice, that means that ICE officers are generally excluded from entering public schools unless they present a judicial warrant or in rare emergency circumstances — which Schools Chancellor Melissa Aviles-Ramos has echoed in her public statements.
“We want to be very clear — our policies have not changed,” Aviles-Ramos said in a video posted on the social media platform X in February. “As always, non-local law enforcement is NOT permitted in any of our school buildings without a judicial warrant or unless there are exigent circumstances.”
Under education department protocol, when ICE agents show up to a school, security guards should immediately alert the school principal and ask the agent to wait outside the building. Principals are supposed to contact the school’s legal counsel before proceeding further.
“ In the school building, students should feel confident that they are receiving protection from the school district,” said Emma Hulse, an education attorney at the New York Civil Liberties Union. “ There are ways that they could improve their protocol, but people should feel confident that going to school is safe.”
Are schools allowed to divulge students’ immigration status?
Schools cannot ask about a child’s or parent’s immigration status or Social Security number, according to the state Education Department. And if a school staff member learns about someone’s immigration status, they must keep it confidential, according to the city Department of Education.
Federal law generally prohibits schools from releasing personal information — such as a student’s name, address, or place of birth — without parental consent. ICE officers can only access a student’s confidential information if they have a signed judicial warrant or a subpoena, according to the New York Civil Liberties Union.
And even if ICE does have a subpoena for student information, the school district is required to notify the parent to give them an opportunity to challenge the release of data, according to Hulse, from NYCLU.
What other precautions should parents take?
Parents are advised to keep their children’s emergency contacts up to date. If a child isn’t picked up from school — including in the case of a parent’s detention by ICE — the school will attempt to reach people listed as emergency contacts, according to the DOE. Immigrant advocates and school leaders recommend parents update their children’s emergency contact information, adding names and telephone numbers of trusted adults who can lend assistance.
”It seems like a very minor thing,” said Aragundi, from Advocates for Children. “But we just remind families that it’s still an important piece of information that we can share with schools. And it’s important to keep it updated.”
Schools will usually request that parents update this information at the start of the year. It’s also possible to update this information by visiting a school office.
Aragundi also recommended that parents consider reaching out to their schools before they have an immigration hearing or appointment where they fear they might be detained. In that case, the Department of Education might be able to connect the family with legal help and other resources.
“When we hear about a family that is being detained, we have — with their permission — connected them with community and agency partners who can offer legal support and other resources,” Brownstein, from the city’s education department, said in a statement.
How can parents legally prepare in case they are detained by ICE?
Immigrant parents can designate someone to make decisions for their children, or act as a temporary guardian of their children, in case they are detained or deported. Without such designations, children may end up in foster care if their parents are detained, according to attorneys.
“A lot of time people don’t think about safety planning until it’s too late,” said Julie Babayeva, supervising attorney at the New York Legal Assistance Group’s LegalHealth Unit. “ We want to make sure that everyone is considering doing this before there’s a real necessity…when people are actually facing that detention or deportation.”
Parents can officially designate another trusted adult as a “person in parent relation,” allowing that person to make educational and some medical decisions about their children for a limited time period.
Parents may also name a “standby guardian,” who is given temporary authority to care for their children, in case the parent is arrested, detained, or deported. Immigrant adults may also designate an agent under a “power of attorney,” who can access their finances.
To make such designations, Babayeva recommends consulting with an attorney, or calling her organization’s hotline at 212-659-6188.
“ Potentially preparing families for the fact that they might be separated in the future is horrific and, and heartbreaking,” said Luis Mancheno, citywide director of immigrant justice at Legal Services New York City. “But I would encourage immigrant families to have the courage to take these steps. It’s better to take these steps and make sure that they are the best prepared.”
Mancheno’s group also offers “family preparedness” clinics where attorneys will help families file documents for standby guardianship and walk them through their options. Those interested in joining can call LSNYC at 917-661-4500.
(Except for the headline, this story has not been edited by PostX News and is published from a syndicated feed.)
