On May 18, 2017, Attorney General Maura Healey’s Office issued guidance to health care providers and local public school districts on immigration enforcement and requests for information (or access) from U.S. Immigration and Customs Enforcement (ICE).
Under its current policies, schools – including school grounds, bus stops and locations where school activities are taking place – are considered “sensitive locations,” and ICE does not generally conduct enforcement activities at such locations. The public school guidance responds to inquiries the Attorney General’s Office has received in recent weeks recently regarding the impact of federal immigration policies and executive orders on students, and is intended to clarify the rights and obligations of school officials, students, and their families. It provides information to school officials about how to respond to requests from ICE to access a school building or a request to obtain information about a student, and is designed to help students and their families feel safe accessing services and attending school.
The guidance makes clear that public schools should not inquire about a student’s immigration status and that they are required under state and federal law to provide all students equal access to education, regardless of citizenship or immigration status.
The guidance offers several helpful suggestions to school districts about what the law permits and what is required of them, including steps to take should ICE decide to seek access at your school despite its current policy. An important first step when confronted with such requests for is to contact legal counsel. While the guidance is helpful, it is not a substitute for legal advice.
The Attorney General’s Press Release is available here.
