Minnesota school districts, teachers unions sue to block immigration agents from school property

Two Minnesota school districts and the state's largest teachers union on Wednesday sued to block federal immigration agents from showing up to school property, which educators say is distressing families and disrupting student learning. 

The move comes amid Operation Metro Surge targeting the state over the last several weeks, which is now somewhat receding with a drawdown of 700 agents "effective immediately," Border Czar Tom Homan announced. 

Fridley Public Schools, Duluth Public Schools and Education Minnesota in the suit argue that the Department of Homeland Security didn't follow proper rulemaking procedure under the law when the agency last year abruptly rescinded a policy designating schools as protected areas where immigration enforcement should be limited to very narrow circumstances. 

The complaint, filed in federal court, asks a judge to block the new policy and prohibit agents from carrying out immigration operations within 1,000 feet of a school or school bus stop "absent a judicial warrant or genuinely exigent circumstances."

"In recognition of this fundamental importance of public education, and of the disruptive effect on education that would occur if immigration authorities were to conduct enforcement operations in or near schools, the federal government has for more than 30 years restricted immigration enforcement near schools and other "sensitive locations,'" the filing says. "The federal government has long recognized that it could effectively enforce immigration laws without, in its words, 'denying or limiting . . . children access to their schools.'"

The lawsuit cites more than a dozen instances across several districts where federal agents were spotted in school parking lots and near bus stops and along bus routes. It describes one incident in Apple Valley when a preschool teacher "was detained by ICE when she exited the school building after being tricked to come outside by a false claim that someone hit her car."

Attendance has dropped by one-third in Fridley since the surge began. Brenda Lewis, the district's superintendent, on Wednesday explained that earlier in the morning, elementary school students saw ICE agents in cars roaming outside of the building and that a mother—who is a U.S. citizen—arrived with her child and was followed by two ICE vehicles. 

"Do you know why this is happening? Because I am telling the truth on behalf of our district. That is why this is happening. This is clear and present terror," she Lewis said. 

In a statement to WCCO, the Department of Homeland Security said agents are not going to schools to arrest children, but instead to protect them. 

"Criminals are no longer be able [sic] to hide in America's schools to avoid arrest. The Trump Administration will not tie the hands of our brave law enforcement and instead trusts them to use common sense," said Tricia McLaughlin, assistant secretary of DHS. "If a dangerous illegal alien felon were to flee into a school, or a child sex offender is working as an employee, there may be a situation where an arrest is made to protect public safety. But this has not happened."

The detention of five-year-old Liam Conejo Ramos alongside his father after he arrived home from preschool in Columbia Heights last month put the impact of the ongoing immigration crackdown on schools in the national spotlight. 

Peg Nelson, an elementary school teacher in the district where Liam attends, said her school sees an average of 130 absences a day out of 570 students, a majority of whom are Hispanic. 

"Our district recently began offering an online option for students who do not feel safe coming to school in person, but we don't have enough resources to accommodate every request," Nelson said. "I fear students will fall behind because they're unable to safely attend classes."

Kristen Sinicariello, a high school social studies teacher in the same Columbia Heights district, said one quarter of the student body is choosing remote learning. She explained that last week while driving to school, she saw ICE agents at a nearby park. 

"A student in my AP World History class then arrived late to school only to let me know he had been pulled over by ICE on his way to school and was going to spend the class period in the office with the counselors," she told reporters. "Today, this student has his head down all in class here for himself and his family have made him unable to learn."

Lewis and John Magas, superintendent of Duluth Public Schools, said there is fear of retaliation among school leaders that is keeping other concerned districts from joining the lawsuit, too. 

"They're afraid of retribution because that's the playbook these days. They're afraid that federal funding will be taken away, or that there will be false allegations or investigations that are meant just to stop this type of thing," he said.