by Hans D. Lassiter, Chief Executive Officer, Irvington Community School Corporation
An open letter to the Friends of Irvington Community Schools & to our STUDENTS:
As you may be aware, the new presidential administration has released a memo that rescinds a 2021 memo by the Department of Homeland Security that designated schools as areas protected from immigration enforcement actions. While the memo directs Immigration and Customs Enforcement (ICE) to use “common sense,” it is possible that enforcement actions could take place at schools and other formerly protected spaces.
With this in mind, we want to share some important information regarding this matter, the rights and protections afforded to students, and the proper protocols if ICE officials visit our school or district.
First, it is important to note that the Family Educational Rights and Privacy Act protects the privacy of student education records and restricts the sharing of personally identifiable information without parental consent. This includes data that could reveal a student’s immigration status. The federal law also supersedes any state-level policy that seeks to mandate the release of student data.
Schools also are not allowed to share student records with immigration or law enforcement agencies without consent or a judicial order.
Additionally, ICE officials must have a judicial warrant to enter school property. If a judicial warrant is presented, parental consent is required before ICE officials can interview any student.
If ICE officials visit one of our schools, we ask that staff take the following actions:
1. Welcome the agent(s).
2. Ask them to provide identification.
3. Make a copy of their ID
4. Inform the building principal AND District Office administration.
5. Ask the agent(s) if they have any paperwork (i.e., subpoena, warrant, etc.). Ask to make copies of the paperwork for the Board of Education’s attorney to review.
6. Ask the agent(s) to sit in the office while the principal or administrator arrives. Alternatively, you can ask them to sit in a more private area (such as the principal’s conference room).
7. Keep notes of the date/time, names and titles of the agents, who you contacted at the District Office, the name of the student or staff member they are inquiring about (if known), etc.
Please also note that students have the right against self-incrimination and do not need to provide any information that would establish their residency status. If ICE officials ask to interview a student, we must notify the parents before any such interview takes place.
We know that this is a difficult and uncertain time for our students, families, staff, and community. If you have any questions regarding these protocols, please speak with your building principal or me right away.
Thank you for your attention to this important communication, and for supporting our students during this time.
Sincerely,
Hans D. Lassiter, Ed.S.
Irvington Community School Corporation