North Texas school districts grapple with new immigration enforcement directive
NORTH TEXAS — Now that immigration authorities can enter schools to make arrests, districts in North Texas are trying to determine how the directive will impact their students.
The Department of Homeland Security rescinded guidance from previous administrations that created "protected areas" like churches, hospitals and schools.
CBS News Texas contacted nearly 30 districts in North Texas to find out what they would do if immigration agents start knocking on school doors but didn't get many responses.
Dallas Independent School District said it is committed to "providing an inclusive and supportive environment for all students, staff, and families regardless of their immigration status." The district also pointed to a web page with information and resources for families who have concerns about how their immigration status impacts education.
In 2017, school board trustees unanimously approved a resolution to designate all Dallas ISD schools as "welcoming and protective to the fullest extent of the law."
"Denton ISD will continue to provide a safe and engaging learning environment for all students," the district said in a statement. "We have an existing system of supports that are available to students, including counseling services."
According to the statement, Denton Independent School District will "continue to monitor and follow all state and federal laws."
"I'm almost positive that based on the guidance that just came out… that the legal departments of many ISDs are getting together to see how this plays itself out, what they can do in terms of protecting the children and what they can deny access to without, of course, breaking the law," said Eric Cedillo, an immigration attorney and law professor at Southern Methodist University.
Cedillo said just because agents can arrest undocumented immigrants at schools doesn't mean they will.
"Worst-case scenario would be children being picked up in the schools," he said. "That's a very scary thing for anybody. Whether or not your child is documented or not, it's a scary thing for parents. I would just encourage people to kind of wait out and see what happens, not be overly scared, and know your rights."
Arlington Independent School District said it is committed to serving all students and their families, emphasizing that the district does not collect immigration status and that student privacy is protected by law.
"At Arlington ISD, the top priority has always been the safety, well-being and education of every student we serve, regardless of their background, status or circumstances. That is what Texas public schools, including Arlington ISD, do."
Irving Independent School District said it is committed to providing a safe and inclusive learning environment, ensuring all students' physical safety and emotional well-being.
"While the district complies with state and federal laws, we also have an obligation to serve ALL students entrusted to our care, regardless of immigration status," Irving ISD said in a statement. "In fact, adherence to the law further compels Irving ISD to protect and educate all students enrolled in our district to the fullest extent of the law. Our schools, facilities and school-sponsored activities are a safe place for our students. Under federal and state law, Irving ISD has no authority or role to collect or maintain information about the immigration status of any student or their family members. Law enforcement authorities are not allowed to remove students from our schools without the proper legal documentation."
By law, public schools must serve undocumented children and they aren't allowed to ask for their immigration status when they enroll.
The Migration Policy Institute estimates that 733,000 children ages 3 to 17 are in the U.S. illegally, and 89 percent of those are enrolled in school.
"If someone is in control of a school, a principal for example, and wants to deny access to ICE without a valid, judicially signed warrant, they can do that," Cedillo said. "And, I'm just hoping that guidance is provided."
The Texas School District's Police Chief Association said it is currently taking a "wait-and-see position."
"At this time, we are taking a wait and see position on this issue. It's very early and there will likely be additional memos coming down in the days and weeks to come," Chief Bill Overa said on behalf of the organization. "We are aware that several of the prominent school law firms across the state are visiting with their ISDs, offering them guidance. We will always advocate following the law and encourage our members to work with their districts and their staff to ensure that we maintain a safe and secure environment where teaching and learning can occur with the least amount of disruption."
CBS News Texas asked the Texas Education Agency what guidance they will give school districts on how to respond to immigration authorities and possible raids in school, but they referred us to Gov. Greg Abbott for comment. We are waiting for a response from his office at this time.