Miami, FL — The ACLU of Florida sent a letter to school districts across the state detailing students’ legal rights following Gov.DeSantis’ signing of a new law forcing local law enforcement to fully participate in federal immigration enforcement and facilitate President Trump’s mass deportation agenda.
Prior to January 21, 2025, schools were recognized as a sensitive or “protected area” by the U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) limiting immigration enforcement at schools and other locations. The Trump administration’s reversal of this policy has required schools and families to prepare for ICE or CBP enforcement operations at or near schools, school playgrounds, or bus stops. Since then, the ACLU of Florida has received requests from school administrators and educators asking for guidance on their legal obligations and how to ensure schools remain a safe place for all children to learn.
Among other detailed guidance, the letter makes clear that:
- All children, regardless of immigration status, have a right to participate in public education.
- Recent laws and federal policy do not override the legal responsibilities of school districts to their students set by constitutional law.
- Schools maintain the legal right to deny entry to non-public areas in school buildings absent a valid judicial warrant.
These protections are guaranteed by the U.S. Constitution, as well as Florida’s constitution and laws. The letter encourages schools to develop protocols for how to respond to ICE enforcement and provides a step-by-step guide that schools can use to ensure they are following the law and protecting students’ rights.
“All children have the right to a safe, high-quality education, regardless of their immigration status,” said Michelle Morton, staff attorney at the ACLU of Florida. “Despite the rapid changes to immigration policy over the past month, federal and state law is clear. We hope this guidance equips school administrators with the knowledge they need to prioritize and protect their students’ rights.”
“The sole purpose of schools is to foster a welcoming and constructive learning environment for all students,” said Bacardi Jackson, executive director of the ACLU of Florida. “We know that law enforcement presence at school premises already alienates students and creates a more threatening school climate. Introducing federal immigration enforcement on school premises will further the detrimental impact of stress on the school body. We cannot emphasize enough the need to ensure our schools remain safe for all students. Politics should not interfere with that vital mandate.”
The letter sent to school districts can be found here. The step-by-step guide for school administrators can be read here.
