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Navigating Policy Changes for Undocumented Students: A Practical Guide for School Principals

As Principals, we often stand in the crossfire of political agendas. The most recent is immigration policy. Schools play a vital role in supporting undocumented students and their families, ensuring they feel safe, welcomed, and informed. As trusted institutions, schools can provide critical resources, legal guidance, and emotional support to students and families who may face uncertainty regarding their immigration status. This article was written in collaboration with our partners at Thrun Law and Miller Johnson EdLaw. It outlines principals’ legal responsibilities, students’ rights, and practical steps schools can take to support undocumented students and their families. All of this begins with clear directives from your district to ensure you are following your Board Policy and the Law.

Legal Rights and Responsibilities

  1. Right to Education
    • The Supreme Court ruled in Plyler v. Doe (1982) that schools cannot deny a student enrollment based on the student’s citizenship or documentation status. 
    • You may learn more about this by watching Miller Johnson EdLaw’s 5 Minute Message on legal rights regarding immigrant students. 
  2. Safe Spaces Policies
    • Schools (along with hospitals and churches) were previously designated “sensitive locations” and the policy was rescinded by Presidential Executive Order on January 20, 2025. In absence of this policy, it is important for school administrators to know how the district wants to respond should ICE, Immigration Agents or other Federal agencies come to the school office requesting information and/or to see a student.
    • School Boards may choose to adopt policies to keep these protections in place by labeling school buildings as “sanctuary schools” and/or “safe zones”. It is unclear if these policies will withstand legal challenges.
    • Schools should not request immigration-related documents such as green cards or Social Security numbers.
    • Federal laws, such as the Family Educational Rights and Privacy Act (FERPA),  prohibit schools from disclosing personally identifiable student records to law enforcement, including immigration authorities, without parental consent, a court order, or subpoena.
  1. Protecting Student Information
    • Schools should develop and update action plans to handle immigration officer inquiries in compliance with state and federal laws, including FERPA.
    • Information requests should be reviewed by district superintendents, general counsel, and legal counsel to ensure compliance with applicable laws.
    • Schools should train all staff on policies regarding the release of information and ensure they know the appropriate protocols for responding to requests.
    • Maintain clear records of all interactions with law enforcement, documenting requests and responses for legal compliance.
    • Parents should be informed of their right to opt out of sharing directory information.
  2. Handling Immigration Inquiries
    • Schools should have clear procedures (action plan) when immigration officers arrive, including:
      1. Directing officers to the front office and informing the principal or designated administrator immediately.
      2. Request a copy of any warrants or subpoenas and forward them to your district and/or legal counsel, per district directive, for review before taking any action.
      3. Verifying the officer’s identity, agency, and the purpose of the visit: You should request the officer’s badge number and ID. (It is not permissible to photocopy an officer’s badge or government ID card. Instead request a copy of their business card or write down their name and contact information)
        1. If ICE/DHS: (1) Ask for proof of ID and take down name and badge ID, (2) require proof of warrant or court order to speak with student and/or adult, and (3) consult district or legal (based on district guidance) before allowing them to do any investigation in your building, speak to adults or students, etc. 
        2. If FBI: (1) take the badge ID and name, (2) request proof of warrant or judicial order, and (3) contact legal council per district directive.
    • Ensure that no information is provided until the request has been reviewed by district administration or legal experts.
    • Train frontline staff on how to respond calmly and relay information to the appropriate school personnel promptly.
    • Notify parents or guardians of any actions taken that may affect their children.

How Schools Can Support Students 

  1. Providing Accurate Information
    • Ensure that all students and families are aware of their rights through multilingual materials such as “Know Your Rights” flyers.
    • Host informational sessions to educate families on available legal protections and resources.
  2. Encouraging Preparedness
    • Families should be encouraged to develop a Family Preparedness Plan in case of potential separation.
    • Ensure that emergency contacts and custody plans for children are up-to-date and easily accessible.
  3. Access to Legal Resources
    • Schools can provide families with referrals to trusted legal services using directories like the Immigration Advocates Network which lists free or low-cost immigration services.
    • Educate families on avoiding fraudulent immigration service providers.
  4. Creating a Welcoming Environment
    • Promote inclusivity and reassure families that schools are safe spaces where their children are protected.
    • Implement policies that prevent discrimination based on race, national origin, or immigration status.
  5. Protecting Student Information
    • Ensure that the school does not collect unnecessary immigration-related data and that student records are protected from unwarranted access.
    • Parents should be informed of their right to opt out of sharing directory information.
  6. Emotional and Social Support
    • Offer counseling services to students affected by immigration enforcement actions.
    • Train staff on trauma-informed approaches to support students dealing with fear or uncertainty.

Preparing for Potential Family Separation

Districts may consider helping families to prepare for the possibility of separation by providing:

  • Information on guardianship options.
  • Legal aid resources for emergency situations.
  • Access to community organizations that can offer additional support.

By taking proactive measures, principals can create a school environment where all students, regardless of their immigration status, feel secure, supported, and empowered to thrive academically and socially. While addressing immigration-related challenges may not have been part of the traditional role of school leadership, it is a necessary responsibility in today’s educational landscape. Principals have an obligation to safeguard the well-being of every student. The resources provided give you access to legal resources and support your students may need. Navigating the complexities of immigration policies can sometimes lead to conflicts between district policies and interpretations of the law. In such instances, having a well-defined action plan, comprehensive staff training, and a commitment to following established district protocols are essential to ensuring compliance and maintaining a safe learning environment.

For more resources on supporting immigrant families, visit: