The Illinois State Board of Education issued Non-Regulatory Guidance on Immigration Enforcement Actions following DHS’s recent statement and change in policy. ISBE’s new guidance responds to a press release from the Department of Homeland Security (DHS) announcing a change to the previously longstanding guidance protecting schools against immigration enforcement. According to the announcement, schools are no longer “sensitive locations” where immigration enforcement is restricted. Instead, enforcement agencies may use “common sense” and their own discretion when determining whether to engage in immigration enforcement activities at schools.
How Should Schools Respond to This Change?
While the announcement signals that enforcement activities at schools are subject to less restriction, best practices for schools remain unchanged. The same laws still govern law enforcement access to student information. Both FERPA (Family Educational Rights and Privacy Act) and ISSRA (Illinois School Student Records Act) restrict the disclosure of student information absent circumstances such as presentation of a court order. School policy generally governs when law enforcement may contact students at school, which in many cases may require a judicial warrant.
As additional information becomes available, consult with your legal counsel regarding obligations to respond to law enforcement agents, consistent with State and federal law. We will closely monitor any activity and provide updates on the legal landscape in this area.
