Attorney General Neronha and Commissioner Infante-Green issue guidance to schools on protection of students’ rights
"Now and always, we must protect our children as they navigate their formative years, and we must support our school faculty members who help guide our kids to greatness.”
From a press release:
Rhode Island Attorney General Peter Neronha and the Rhode Island Department of Education (RIDE) shared guidance with school officials on safeguarding the rights of Rhode Island school children regardless of their nationality or immigration status.
Recent changes to federal immigration enforcement policies are prompting questions about the potential presence of federal law enforcement, including Immigration and Customs Enforcement (ICE), at schools. 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.
“Working with our local State and federal partners, this Office has and will continue to aggressively investigate and prosecute violent offenders, whether those offenders are United States citizens, non-citizen lawful residents, or offenders that are here unlawfully. Immigration enforcement is the role of the federal government, and this Office will continue to cooperate with federal immigration authorities as necessary and in compliance with State and federal law,” said Attorney General Neronha.
“That said, federal immigration officials have signaled that they no longer view schools as off-limits for routine enforcement actions. Yet, Rhode Island children must have access to education without interruption or fear. While federal immigration enforcement policies may have changed, basic legal and constitutional principles have not. We are issuing this guidance to remind our teachers and administrators of those legal principles so they can focus on what they do best: educating our kids and keeping them safe at school. Unless there is a real public safety exigency, immigration enforcement does not belong on school grounds where it has the potential to negatively impact all students regardless of immigration status. Now and always, we must protect our children as they navigate their formative years, and we must support our school faculty members who help guide our kids to greatness.”
"Providing all students access to safe and welcoming learning environments is essential for empowering them to excel academically and beyond the classroom," said State Education Commissioner Angélica Infante-Green. "In accordance with federal and State law, Rhode Island remains committed to providing all students a quality education that sets them up for success. We deeply appreciate Attorney General Neronha and his team for their assistance in providing our school communities guidance and resources to navigate recent shifts in federal policy."
School Access
Governing law prohibits immigration enforcement officers 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. Accordingly, 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.
Information Access
Students are entitled to enroll in public school in Rhode Island regardless of their immigration status or the status of their parents, and schools may not discriminate based on national origin or immigration status. Schools are generally not required under federal or State law to collect citizenship or immigration status information as this information is irrelevant to enrollment.
The federal Family Educational Rights and Privacy Act (FERPA) and the Rhode Island Educational Records Bill of Rights generally prohibit disclosure of student educational records and instead provide limited access for specific purposes. Schools should have written policies and procedures for gathering and handling confidential student information. Schools cannot disclose information to third parties, including federal immigration authorities, unless doing so is authorized by FERPA, which generally requires a court order, judicial warrant, or valid subpoena to make such a disclosure. If a school receives a request for information from ICE, they should review the request with legal counsel to ensure compliance with federal law.
Warrants and Subpoenas
ICE administrative warrants do not authorize immigration officials to access non-public areas of a school or search school records. They cannot compel school personnel to assist with the apprehension of a person identified in an administrative warrant. Additionally, such administrative warrants are insufficient to mandate disclosure of student information otherwise protected by State and federal law.
A Notice to Appear (NTA) is a document that seeks to start formal removal proceedings against an individual before an immigration court. An NTA does not require school employees to take any action or grant an immigration enforcement officer any special power to induce cooperation.
Administrative subpoenas are not court orders and do not require immediate compliance. 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.
Federal court warrants are issued by district court judges and magistrate judges based on a finding of probable cause. When presented with a facially valid federal court warrant, school personnel must comply with the requests of federal immigration authorities as set out in the warrant. They should, whenever feasible, notify the Chief School Administrator and/or their legal counsel to verify the terms and requirements of the warrant.
School officials should always promote the safety and security of their students and school personnel. They should not interfere with or obstruct law enforcement officials in the lawful exercise of their authority. Should federal immigration authorities seek to carry out enforcement actions on school grounds, they must do so in conformance with the requirements of the Fourth Amendment and other federal and State laws.
The Office of the Attorney General and RIDE will continue to collaborate with our public schools and state and federal law enforcement partners to ensure adherence to these principles and promote a safe and nurturing educational environment for all students.
Questions related to this guidance should be referred to the Office of the Attorney General at 401-274-4400.
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