
Until last week, Immigration and Customs Enforcement operated under what’s called the “sensitive locations memo,” a policy adopted in 2011 that discouraged immigration enforcement actions in schools, health care facilities and places of worship. The Trump administration rescinded that memo last week, meaning ICE agents can now target schools.
While there is no evidence that ICE has stepped up enforcement in Dane County, nor that it has or will target schools, several school districts have communicated established policies regarding undocumented students and interactions with ICE agents.
Madison365 asked all 15 school districts in Dane County whether they had policies in place regarding school interaction with federal immigration officers.
Of the 15 districts, five did not respond and three declined to comment. Three do not have a specific policy regarding ICE, but did refer Madison365 to general policies regarding law enforcement officers’ interactions with students. Four had policies specific to immigration, saying they do not collect or share information on the citizenship or immigration status of students or their families, and that they generally will not comply with ICE administrative warrants.
The distinction between an administrative warrant and a judicial one is important, said Grant Sovern, an immigration attorney at Quarles.
An administrative warrant is “like a letter from a federal agency to themselves that says we have authorized ourselves to allege that this person is deportable.”
Judicial warrants are approved by a judge, who determines whether the authorities applying for the warrant have probable cause to make an arrest or search a specific place.
Administrative warrants do not automatically authorize law enforcement officers to enter private places.
“Every person in America is covered by the Fourth Amendment of the Constitution’s protection against unwarranted searches and seizures,” Sovern said.
Sovern said it’s a legal gray area whether a school is a private place. With school security ramping up – and more schools being locked during the day – in recent years, school administrators have more opportunity to bar federal agents from entering their buildings.
”A lot of schools are coming up with designated officials who will be the one to give consent or to look at the warrants to decide what they say,” Sovern said. “Maybe it’s the superintendent, maybe it’s their general counsel, maybe it’s only the principal, but that’s usually part of what their policy would say is who can make that decision.”
Here is how Dane County’s 15 school districts answered our questions:
- Belleville School District: Will not comply with an ICE administrative warrant. Does not collect or share information on citizenship or immigration status.
- DeForest Area School District: Did not respond.
- Deerfield Community School District: Did not respond.
- Madison Metropolitan School District: Does not collect or share information on citizenship or immigration status. Initially denies any immigration authority request for information or access to schools, pending review by superintendent and general counsel. Policy here.
- Marshall School District. No policy specific to ICE. In most cases will obtain parental permission before allowing law enforcement to interview a student. Policy here.
- McFarland School District. Will not comply with an ICE administrative warrant. Does not share information about a student’s or family’s immigration status unless required by law. Policy here.
- Middleton-Cross Plains Area School District: Declined to comment.
- Monona Grove School District. Did not respond.
- Mount Horeb Area School District. Declined to comment.
- Oregon School District. Did not respond.
- Stoughton Area School District. No policy specific to ICE. General policy will allow law enforcement to contact students at school only if contact outside school hours is impossible. May rarely allow law enforcement to contact students with administrative approval and will notify parents. Policy here.
- Sun Prairie Area School District. Does not collect or share information on citizenship or immigration status. Does not allow law enforcement to interview students without administrative and parental permission. Policy here.
- Verona Area School District. Declined to comment.
- Waunakee Community School District. No policy specific to ICE. Only allows police interview of students with school representatives present after parents are contacted. Policy here.
- Wisconsin Heights School District. Did not respond.
We will update this list if any additional school districts respond.
The Wisconsin Department of Public Instruction issued guidance last week reminding schools that they “may not turn over personally identifiable information to police, federal agents, or immigration officials without written consent from the parent or caregiver unless a warrant or subpoena is presented that specifies the individual by name and the information being requested,” and that they don’t have to comply with an ICE warrant.