Protecting Our Youth from the Threat of Immigration Raids in Schools
By Kenneth Romero, NHCSL Executive Director
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In recent months, we have witnessed growing challenges for Hispanic and immigrant communities across the United States. Immigration raids conducted through the Department of Homeland Security (DHS) have, in many cases, contributed to racialized harm affecting US citizens, lawful permanent residents, asylum seekers, and individuals from mixed status and undocumented families. These enforcement practices are creating significant barriers for our youth, particularly within public education systems.
Importantly, concern over the way immigration enforcement is being carried out is not limited to any one political party. Recent national polling shows that a clear majority of Americans ––across Republicans, Democrats, and Independents–– believe current enforcement tactics have gone too far. According to a February 2026 PBS News/NPR/Marist poll, 65% of Americans say ICE enforcement actions have gone too far, and about six in ten disapprove of how those actions are being conducted. While Americans may hold differing views on immigration policy overall, there is broad, bipartisan agreement that enforcement should be done in a way that is humane, lawful, and does not undermine the safety and wellbeing of communities, especially children.
In Plyler v. Doe, 457 U.S. 202 (1982), the Supreme Court affirmed that all children in the United States have a right to free and accessible public education, regardless of immigration status. This right is undermined when immigration authorities like Immigration and Customs Enforcement (ICE) operate in educational settings. These activities can inflict psychological ––and sometimes physical–– harm, while disrupting learning and contributing to adverse educational outcomes, as our Caucus determined in s on the Impact of the Deferred Action for Childhood Arrivals Program on Educational Attainment and Community Stability.
Moreover, ICE operations ––such as surveillance, questioning, detention, and arrest–– within schools discourage attendance by students of mixed status and undocumented families, especially amongst younger children. These outcomes raise serious concerns about whether the constitutional right to education is, in fact, being protected. These concerns are further exacerbated by DHS’ recent memorandum to supersede and rescind its “Protected Areas” policy, thereby allowing enforcement actions in schools, playgrounds, hospitals, places of worship, and other community institutions.
While immigration operations continue to target our communities, we have seen a rise of ICE impersonators who intentionally exploit vulnerable communities, through sexual harassment, assault and other criminal acts, targeting individuals perceived to be immigrants.
Schools are also reporting heightened anxiety, trauma and chronic absenteeism, patterns consistent with our findings in Res. 2019-11. These trends underscore the broader educational and mental health impacts of immigration-related enforcement.
Given these challenges, there is an urgent need to equip school personnel ––often the first line of support for affected students–– with clear guidance and best practices to support immigrant and refugee youth. National organizations such as the American Federation of Teachers (AFT) and the National Education Association (NEA) have already begun providing such guidance, signaling the need for broader, coordinated policy responses.
Policymakers should also consider federal action, including passage of Protecting Sensitive Locations Act, which would codify protections for schools and other community institutions by limiting immigration enforcement in these spaces.
State legislators should advance policies requiring schools to adopt Safe Zones protocols, such as:
- No third-party access to schools without site authorization
- Clear procedures for handling requests from immigration agents, including verification of ID, purpose, and warrants
- Notification to all parties of updated institutional policies related to ICE
- Prohibition on providing educational records without family consent or warrant, and 5) State reimbursement for any costs incurred by schools implementing these policies
States should further require that these policies explicitly prohibit the collection or disclosure of student immigration status except where legally required and support the creation of school-based task forces to coordinate responses with legal and community partners. To ensure accessibility, all policies should be accessible in the languages spoken by the student population.