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Policy 1070 Appendix A - Immigration Frequently Asked Questions (FAQ)

Policy Document

Implementation Procedures

Appendix A

1. Are schools required to report students’ immigration status to other government agencies?

No. If school staff obtain information that a student is undocumented, there is no requirement to report to any other government agency. In fact, the school staff would likely be violating the U.S. Supreme Court decision of Plyler v. Doe by discouraging or denying undocumented students the ability to access their education.

2. Are federal agencies allowed to conduct enforcement activities at school?

On January 21, 2025, the U.S. Department of Homeland Security revoked long-standing federal policy that schools are “protected areas” where immigration enforcement actions were previously not allowed. The federal policy now allows enforcement actions to occur, but it is anticipated that federal agents will continue to utilize restraint and care when actions are directed at schools. Plyler v. Doe still provides the right of students regardless of immigration status to attend school and all students maintain constitutional rights against unreasonable search and seizure or self-incrimination.

3. How should schools respond if they learn that a parent/guardian has been detained?

Schools should take proactive steps to support students impacted by an immigration enforcement action, just as they would in any other crisis situation. For example, if a school learns that a parent/guardian has been detained, school staff should reach out to the student’s emergency contacts listed in Synergy and try to make sure the student has adequate supervision and care before releasing them at the end of the school day. Schools should also convene their student services teams, and they should connect students impacted by immigration enforcement actions with school counselors, school social workers, psychologists, and other related service providers.

4. How should schools respond if Immigration and Customs Enforcement (ICE) shows a warrant, subpoena, or court order?

Because these legal documents require careful review, schools must follow the protocols above and consult with the Office of General Counsel (“OGC”) before taking further action.

5. What should schools do if ICE comes onto school grounds for enforcement purposes?

Consistent with recent guidance, school staff must follow clear protocols which require consulting with the OGC when interacting with ICE officials or any other law enforcement agency. These protocols aim to protect student rights and ensure appropriate legal responses.

6. How do schools respond to subpoenas or other requests for information about students’ immigration status?

HCPSS staff would advise the requestor that the school system, consistent with federal and State law, does not have information regarding student or family’s immigration status. If the request is for personally identifiable information, the school staff would follow the requirements of Board Policy and Family Educational Rights and Privacy Act (FERPA).

HCPSS will not release or disclose any student information unless required by law.

  • Under the FERPA, school systems are prohibited from releasing information in student records without parental consent, unless a specific legal exception applies. FERPA permits release of student records to comply with a subpoena. Under Board Policy 3050 and Board Policy 9050 (Student Records), schools must promptly forward all subpoenas and other record requests from government agencies to the OGC for legal review.

    • Schools should not release any information directly to the requestor without OGC approval.

    • FERPA generally requires parent/guardian notification regarding subpoena or another request for information from a student’s record. OGC approval is required before school staff notify parents/guardians.

    • FERPA also permits schools to disclose “directory” information which includes address without parental consent, but parents/guardians or eligible students (e.g., students who are 18 years old) may “opt out” of disclosure. Forms for opting out are available at the school or through the Family File. Since legal restrictions may apply, school staff consult with OGC before disclosing directory information to other government agencies.

7. What should HCPSS staff do if in a community or home setting and ICE is present?

In the community, HCPSS staff members should not interfere or disrupt ICE when engaged in enforcement actions. When interacting with ICE, staff members should contact their supervisor and the Office of the General Counsel. Staff members should carry identification when in the community. It is recommended staff have a cell phone in the community.

8. Should HCPSS staff provide interpretation services if requested by ICE or the student or family regardless of setting?

HCPSS staff members should not interfere or disrupt ICE when engaged in enforcement. HCPSS staff should not take an active role in assisting or hindering the enforcement activities and therefore not interpret. ICE should provide needed interpretation services.

Material provided in this document is not legal advice. It provides general information. Please contact the Office of General Counsel for specific questions.