ACLU of Ohio Releases Legal Memo on Rights of Immigrant Students in Ohio Schools

See the full legal memo below the release.

Columbus, OH – Today, the ACLU of Ohio issued a legal memo to Ohio school officials regarding the rights of immigrant students. The letter provides clarity on federal and state laws and offers tools to ensure districts are prepared for heightened immigration enforcement. On January 21, the Department of Homeland Security rescinded a policy that had limited immigration enforcement at schools and certain other “sensitive locations.” Now, U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) are permitted to engage in enforcement operations at or near schools, school playgrounds, or bus stops.

To address concern and confusion, the ACLU of Ohio shared critical information for school administrators to understand both children’s rights and schools’ responsibilities. The letter offers guidance on the following areas:

• Federal and state law protects students’ right to an education regardless of immigration status;
• School districts should have procedures in place if immigration agents take enforcement action at schools;
• School districts should not require information about students’ immigration status and should limit the other information they collect;
• School districts must protect the privacy of student records;
• Districts must ensure any school security officers abide by student privacy laws.

“We hope this letter empowers school administrators to lead with compassion, not cruelty. Mass raids and deportations tear apart our communities. We must work together to prevent harm and to ensure that all Ohio children can receive the education they need to thrive,” added J. Bennett Guess, Executive Director for the ACLU of Ohio.

“The federal government’s revocation of its ‘sensitive locations’ policy does not affect the constitutional right of immigrant children to an education, does not affect the legal responsibilities of school districts towards their students, and does not affect a school’s own legal rights regarding who may enter its property. Ohio schools must remain safe places for all children to learn and grow, regardless of their immigration status,” added Amy Gilbert, Senior Staff Attorney for the ACLU of Ohio.