NEA Rises Against State and Federal Criminalization of Immigrants

She first entered the country without authorization decades ago to join her husband, who became a lawful permanent resident in the 1980s. In 2005, Jane returned to Mexico after the death of her mother, but was detained when she attempted to come back to the U.S.

Her husband, then a U.S. citizen, petitioned for her return, but the application was still pending when he died. It wasn't until 2022 that Jane was finally able to rejoin her family in Iowa with a valid green card.

Despite her legal status, under Iowa's anti-immigrant law, she could still face arrest, imprisonment, or deportation.

"SF 2340 isn't just about so-called criminal reentry. It's a badly written law with far-reaching implications. It will create absolute chaos and human suffering in our legal system, and harm Iowa communities," said Kate Melloy Goettel, legal director at the American Immigration Council.

Trump's Constitutional Overreach

Measures such as those passed in Texas, Oklahoma, and Iowa violate the U.S. Constitution's Supremacy Clause, which grants immigration authority exclusively to the federal government. The 2012 Arizona v. United States Supreme Court ruling remains the bedrock of that principle.

In the Texas and Iowa cases, the courts have agreed that the laws may violate this clause, and the federal appeals courts have so far maintained injunctions preventing the laws from being enforced while litigation continues.

However, the situation is different in Oklahoma, where a similar law-House Bill 4156-was initially blocked but is now in effect following the Trump administration's decision to withdraw the federal government's legal challenge. Advocacy organizations, like Padres Unidos de Tulsa, are exploring new legal avenues to challenge the law.

Fear on the Rise

Across the country, the fear generated by Trump's immigration agenda is having an immediate and visible impact in communities and schools.

"Our community feels threatened," said Ramiro Luna , co-founder and executive director of Somos Tejas, a Dallas-based nonprofit focused on Latino civic engagement. "While we're doing our best to provide information and peace of mind, it's incredibly difficult. People are afraid to come to any gathering-even to get basic necessities."

In New York , for example, educators and advocates report that immigrant students are staying home due to growing fears of U.S. Immigration and Customs Enforcement (ICE) operations. Many families are afraid that showing at school could risk detention or deportation, resulting in a noticeable rise in absenteeism.

Early this year, in Denver, Colo ., an immigration raid at an apartment complex led to dozens of students missing class the following day.

NEA Will Not Back Down

Trump's return has emboldened the most extreme anti-immigrant factions in state legislatures-and the NEA is drawing a clear line: "NEA members will not stop," said Pringle. "We can and will block bad policies. We can and will build broader coalitions to support the values and aspirations most Americans share."

To that end, NEA has issued guidance that lays out information regarding immigration and schools , including information around enrollment issues, Plyler v. Doe , and Safe Zones resolutions, how educators can legally and safely engage in immigration advocacy , a FAQ around mass raids , a Know Your Rights guide around immigration enforcement, and an update on the DACA program.