Immigration in Schools

As detailed in our January 24, 2025 E-Blast, the U.S. Department of Homeland Security (DHS) recently rescinded its “protected areas” policy, meaning that Immigration and Customs Enforcement (ICE) agents are no longer directed to avoid immigration enforcement actions in schools. In turn, MDE also recently released two memos addressing immigration in public schools.

The first memo, issued on January 16, 2025, predated DHS’s rescission of its “protected areas” policy and responded to the Trump administration’s executive order seeking to end birthright citizenship. Citing both the U.S. Supreme Court decision in Plyler v Doe and U.S. Department of Education guidance, the memo reiterates that “all children, regardless of citizenship and immigration status, have the right to equal access to a free public education.”

The guidance further explains that Michigan’s Elliott-Larsen Civil Rights Act prohibits discrimination based on race or national origin and guarantees the full and equal enjoyment of public services and accommodations, including public education. The guidance also reminds school officials of their obligations under the Family Educational Rights and Privacy Act (FERPA), which limits the circumstances under which confidential information from students’ education records may be disclosed to ICE agents. MDE recommends that school officials consult with their attorneys for guidance on FERPA compliance.

The second memo, issued on January 23, 2025, followed DHS’s rescission of its “protected areas” policy. The memo provides an overview of the law supporting undocumented noncitizen students’ right to equal access to a free public education and reminds school officials of their duties to protect student records under FERPA. It further advises schools to consult with their attorneys to develop an “internal process for school personnel to follow” if ICE or other law enforcement agents seek “access to students or student records.”

In response to the plethora of questions received from clients about DHS’s rescission of its “protected areas” policy, our office issued the E-Blast, which described the applicable law enabling undocumented noncitizen students to attend public school and addressed FERPA compliance. The E-Blast recommended a protocol for school officials to follow if ICE or other law enforcement agents appear at schools or request confidential student information. This protocol attempts to balance a school’s obligation to not obstruct a federal investigation with its legal obligations under FERPA and the Equal Protection Clause as interpreted by the Supreme Court in Plyler. The E-Blast also described an “internal process” consistent with MDE’s recommendations.

In addition to the protocol recommended in the E-Blast, a stand-alone handout for staff is available on request.

If you have questions about immigration enforcement or would like assistance with your school’s enforcement protocols, please contact a Thrun attorney.