ISBE Releases Guidance on Immigration Enforcement Actions on School Property

​SPRINGFIELD - The Illinois State Board of Education (ISBE) has released Non-Regulatory Guidance on Immigration Enforcement Actions, providing actionable steps for schools to take to prepare to respond to immigration enforcement actions on school property under the Trump Administration.

The guidance reinforces students' longstanding right to public education, regardless of the actual or perceived immigration status of the student or their parents/guardians. The guidance also reviews schools' discretion to comply with different immigration enforcement actions and records requests and advises school districts to adopt policies on the level of cooperation, or non-cooperation, with the U.S. Immigrations and Customs Enforcement (ICE).

"As leaders of public schools, we have both a legal and moral obligation to protect our students' rights within our buildings," said State Superintendent of Education Dr. Tony Sanders. "ISBE firmly believes that schools should be a safe haven for all students, where students should be able to learn without fear. We can and should do everything within our power to protect our students and their right to learn while in our care. I advise every district to take the necessary steps outlined above to prepare to respond to immigration enforcement action."

When adopting policies on the level of cooperation - or non-cooperation - with ICE, ISBE guidance advises that school boards and superintendents should consider the following course of action:

• ​Adopt policies and set forth administrative guidance that clearly explains the steps their schools should take in the event immigration enforcement personnel seek to carry out an enforcement action or otherwise request information from schools.
• Establish a point person or department where ICE personnel can be directed should they arrive on campus. This might include a legal office, superintendent, or chief executive officer.
• Establish a point person or department to review records requests or subpoenas arriving from ICE or other related authorities as well as keep track of ICE requests in case this information is needed for future reference.
• A school's policy should be made available to and discussed with instructional staff, administrative staff, and other staff and faculty members who might otherwise be on campus.
• Schools should ensure that their student data-sharing policies are up to date and that such policies are readily available to all faculty and staff as well as all third-party contractors who might have access to student data.
• Instructional staff, administrative staff, and other staff and faculty members should receive appropriate training to ensure proper implementation of school policies.
• Schools should encourage parents to keep their child's emergency contacts updated and accurate.
• Schools are encouraged, to the extent possible, to have policies and procedures in place in the event a student's parent is detained or deported.

ISBE has published the guidance, as well as Know Your Rights resources from immigrant advocacy organizations, on the ISBE website.