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Can ICE go into public schools in Rhode Island? Here's what we know.
Tom MooneyPROVIDENCE – Rhode Island’s attorney general and education commissioner on Monday issued guidance to schools if confronted with federal immigration officials seeking access to any students.
While federal immigration enforcement policies are changing with President Donald Trump now in office, “basic legal and constitutional principles have not,” Attorney General Peter F. Neronha said in a shared statement with Education Commissioner Angélica Infante-Green.
“While we do not yet know if federal authorities will conduct operations targeting Rhode Island schools, this guidance is intended to assist schools, teachers, and administrators in protecting the rights of every student.”
Victor Morente, a spokesman for the education department, said Monday that “we have heard of concerns from parents, teachers, and school leaders" about potential ICE activity at schools.
Can ICE go into schools in Rhode Island?
Neronha said that while federal immigration officials “have signaled that they no longer view schools as off-limits for even routine enforcement actions” the law prohibits them from accessing “non-public areas of schools, including classrooms and hallways, without a judicial warrant issued by a federal district or magistrate judge, based on a finding of probable cause.”
Further, Rhode Island law requires schools to implement safety protocols to ensure that only authorized individuals are permitted access to non-public areas of the school.
Therefore, schools may prohibit all unauthorized visitors, “including federal law enforcement officers without a judicial warrant or court order, from entering non-public school areas, except in the event of a genuine public safety emergency.”
If school officials are presented with a valid federal court warrant, school personnel “must comply with the requests of federal immigration authorities as set out in the warrant.”
They should also notify the chief school administrator and/or their legal counsel “to verify the terms and requirements of the warrant.”
Neronha said ICE administrative warrants “do not by themselves” authorize immigration officials to access non-public areas of a school or to search school records.
Such administrative warrants “cannot compel school personnel to assist with the apprehension of a person identified in an administrative warrant. Nor are they sufficient “to mandate disclosure of student information that is otherwise protected by state and federal law.”
Similarly, a “notice to appear” that seeks to start formal removal proceedings against an individual before an immigration court “does not require school employees to take any action or grant an immigration enforcement officer any special power to induce cooperation.”
And “administrative subpoenas” are not court orders and do not require immediate compliance, Neronha said.
“School policies should require personnel to immediately alert administrators about the service of an administrative subpoena to allow for consultation with legal counsel and notification of parents/guardians.
What student information can ICE access?
Because students are entitled to enroll in public school regardless of their immigration status or the status of their parents, “schools are generally not required under federal or state law to collect citizenship or immigration status information.”
Neronha said school officials should not interfere or obstruct law enforcement officials in the lawful exercise of their authority, but they must do so “in conformance with the requirements of the Fourth Amendment and other federal and state laws."
Neronha and Infante-Green said their offices will continue to work together with the public schools and “state and federal law enforcement partners to ensure adherence to these principles and to promote a safe and nurturing educational environment for all of our students.”
Questions related to this guidance should be referred to the Office of the Attorney General at 401-274-4400.
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