Policy JII: Protection of Undocumented Students

STUDENTS: PROTECTION OF UNDOCUMENTED STUDENTS

Immigration and Customs Enforcement (hereafter referred to as ICE) personnel, or employees of any other agency acting as immigration agents, will be refused entry to District property or access to students in the Districts’ custody unless the Superintendent and District Counsel are provided with a warrant signed by a judge or magistrate authorizing the immigration agent’s entry onto the property.  Existing District practice requires all visitors to state the reason for their visit and be cleared for entry into a space with students.  Consistent with that practice, any ICE employee, or employee of any other agency acting as immigration agents (hereafter referred to as agent, regardless of agency affiliation), intending to enter any Amherst, Pelham or Amherst-Pelham Public Schools’ property must first notify the Superintendent of their intention, and provide copies of a warrant signed by a judge or magistrate so the Superintendent can take steps to provide for the emotional and physical safety of students and staff.  The Superintendent will consult with the General Counsel when ICE attempts to enter District Property.

In addition to receiving a warrant, the superintendent and/or General Counsel will ask for the agent’s credentials, ask the agent why/ he she is requesting access, and ask the agent what evidence of reasonable suspicion exists via a warrant. Schools have heretofore been considered a sensitive location by government agencies (see ICE Policy Number 10029.2: Enforcement Actions at or Focused on Sensitive Locations); therefore, the district requires written authorization from the agency’s authorizing official for any interviews on school property. The Superintendent will notify the student that he or she is free to refuse to answer ICE’s questions and will notify the parents/guardians of the warrant. 

Amherst, Pelham and Amherst-Pelham Regional Public Schools staff will not refer students or families to ICE if they inadvertently or intentionally disclose their immigration status. Pursuant to FERPA and state records law, Amherst, Pelham and Amherst-Pelham Regional Public Schools staff shall not disclose, without parental consent, the immigration status of any student.

If a representative of ICE, or any agency acting as immigration agents, contacts the schools or District offices regarding any individual student(s), school personnel shall immediately contact the student(s)’ parent/guardian and share contact information for appropriate support groups or agencies.

SEE ALSO:        
JIH: Interrogations and Searches

KI:  Visitors and Public Access to Students

Resource Guide: Supporting Undocumented Youth (Massachusetts Department of Elementary and Secondary Education

ICE Policy Number 10029.2: Enforcement Actions at or Focused on Sensitive Locations

Approved:

Region:  5/2/17

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