One of the Trump administration’s first actions last month was to revoke a 2011 policy that established schools, churches and health care facilities as off-limits for immigration enforcement operations.
Since then, school districts in the Tampa Bay area have tried to walk a fine line, vowing to cooperate with law enforcement and also reminding families that schools are a safe place for children, regardless of immigration status.
Around 60,000 children without required legal documentation are enrolled in Florida schools, according to the Migration Policy Institute.
What do district policies actually say? We reached out to school districts in Hillsborough, Pinellas, Manatee, Sarasota, Polk, Hernando and Pasco counties.
Here’s how they responded:
Will your district reveal the names or locations of students who are undocumented to local or federal law enforcement?
Schools do not keep records about students’ immigration status. U.S. citizenship is not required for children to attend public school.
Local districts all said they simply don’t have this information available to share with authorities.
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And as Polk County schools pointed out: “Public schools are required to provide free access to education for all children, regardless of their citizenship or immigration status, as outlined by the Supreme Court’s ruling in Plyler v. Doe (1982).”
Hillsborough County’s district “does not and legally cannot collect information regarding immigration status at the time of enrollment or thereafter,” a spokesman said.
Districts are also bound by the Family Educational Rights and Privacy Act, which protects student privacy and restricts the sharing of personally identifiable information without parental consent.
“We do not track immigration status of students. We wouldn't know who is illegal or legal. We're always going to adhere to FERPA and to student privacy regulations,” said Terry Connor, Sarasota County schools superintendent.
Pinellas County carved out exceptions, such as if a subpoena, warrant or court order directs the release of records or if there’s a health or safety emergency.
Who is the point person at schools for federal or state agents who want to interview a student or staff member regarding immigration?
In Hillsborough, school board documents show that such requests must first be directed to the principal.
“If law enforcement deem circumstances urgent and need to interview students at school, the law enforcement department shall first contact the school principal regarding the planned visit and inform him/her of the probable cause to investigate within the school,” according to school board policy 5540.
It also says schools “should make an effort to contact the student’s parent/guardian before the school makes the student available to law enforcement, unless law enforcement directs the staff otherwise.”
If a parent or guardian is not there, the principal can request that another administrator be present for the interview with the student, but the county’s guidance said it will defer to law enforcement on this matter.
“It should be up to the legal counsel of the district, an attorney that has actual capacity and training to know the differences. That's why these protocols in schools are so important, because it gives guidance on who should be interacting with immigration agents.”Viridiana Carrizales, executive director of ImmSchools, a nonprofit that has helped districts develop their immigration policies
“We will follow the direction of law enforcement regarding contacting a parent/guardian to be present during questioning,” said Hillsborough’s policy.
Pinellas County sent a memo to principals, advising them that “if an [immigration] agent makes a request at your school, we recommend you immediately contact the Legal Department at 588-6220.” They said that it is also good practice to “advise the Area Office and Schools Police for informational purposes.”
In Polk County, schools have been told that if U.S. Immigration and Customs Enforcement agents visit a school, “Do not provide information immediately: Politely inform the ICE agent that you cannot provide any information or access until proper protocols are followed. Ask them to provide the name, date of birth and home address of the individual. Also ask for their name and phone number if a business card cannot be provided.”
Then, staff is urged to “contact the Superintendent’s Office immediately for guidance. No action should be taken without explicit direction from district leadership.”
Pasco County’s district spokesman referred WUSF to its board policy, which guides its practices. That policy is brief and says that when ICE agents “arrive at the school and wish to interview a student or investigate an alleged violation of law, they must contact the building administrator indicating the nature of their investigation and expressing their desire to question a student or students.”
Manatee County schools spokesman Mike Barber said no official guidance has been sent to school leaders.
“We continue to monitor what is taking place in Washington and Tallahassee regarding these matters,” Barber said in an email, noting that the district “does not request or collect information about a student’s immigration status” and “complies with all federal and state laws.”
Can ICE interview students or employees in your district's schools?
Several local districts have advised staff to contact the district’s legal counsel as soon as possible, before sharing any information.
It’s a protocol that many immigrant advocates encourage. Viridiana Carrizales is the executive director of ImmSchools, a nonprofit that has helped districts across the country develop immigration policies.
Carrizales pointed out that ICE agents must have a valid judicial warrant to proceed with their requests. Most of the time, agents will be carrying an administrative ICE warrant, instead, she said, which does not carry the same legal weight as a judicial warrant (which must be issued and signed by a judge).
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But “it shouldn't be up to the school secretaries or the principals to determine” which document agents have, Carrizales said.
“It should be up to the legal counsel of the district, an attorney that has actual capacity and training to know the difference,” said Carrizales. “That's why these protocols in schools are so important, because it gives guidance on who should be interacting with immigration agents.”
However, in the Pinellas schools’ memo, officials warned that immigration agents “have certain rights even in the absence of a warrant.”
“We will continue to comply with lawful requests. If we receive a legitimate legal order or subpoena, we will fulfill our legal obligations. If any updates or further guidance are issued at the state or federal level, we will review those directives promptly and communicate any implications for our schools and communities.”Craig Maniglia, Sarasota County schools spokesman
That's because federal immigration agencies have "broad investigative authority," said Pinellas school district attorney David Koperski during a Jan. 28 board meeting.
“Based upon this legal authority, we recommend cooperating with an [immigration] Agent’s request within the bounds of the law,” the district writes.
But schools “should make an effort to contact the student’s parents before the school makes the student available” to immigration agents. And, school staff should try to have an administrator present during any questioning if a parent is not available.
Polk is among area districts that point out that “under the current law, ICE agents must have a court order or judicial warrant to access school property.”
Polk staff is told to “ask for a copy of the document, but do not attempt to interpret its validity. This will be reviewed by district legal counsel, and you will be directed as to next steps.”
Hillsborough said it also requires “a warrant, subpoena, or court order requesting the release of records unless a statutory exemption applies.”
In Sarasota, school board member Tom Edwards said at a workshop on Feb. 4 that the district’s policy should be posted to its website.
“To my understanding, to really get to a child in that capacity would require a warrant,” Edwards said. “I mean, it's a pretty serious process that would have to go through.”
Furthermore, the scenario of agents arresting school staff who may lack legal documentation is unlikely, Edwards said, because “those are not our hiring practices.”
Sarasota schools spokesman Craig Maniglia said, “We will continue to comply with lawful requests. If we receive a legitimate legal order or subpoena, we will fulfill our legal obligations. If any updates or further guidance are issued at the state or federal level, we will review those directives promptly and communicate any implications for our schools and communities.”
Does your district plan to escort students to law enforcement, rather than having agents be seen on campus?
According to Hillsborough's policy on law enforcement interactions, “All interactions shall occur in the front office or other private areas, not accessible to the general student/staff population.”
In Hernando County, districts have been told to follow these steps if ICE agents arrive:
- Ensure front office staff notify school administration immediately.
- As with any visitor to the school, ICE staff must show valid identification and be verified through Safe Visitor.
- ICE staff should remain in the front office until an administrator can meet with them.
- Ask ICE staff for a copy of any written orders they may have.
- School administration is to immediately contact Jill Kolasa or Lisa Cropley if the inquiry is regarding a student(s). School administration should contact Matt Goldrick if the inquiry is regarding an employee(s).
Kolasa is the district's director of student services. Cropley is executive director of student support services. Goldrick is the district's human resources director.
Polk's guidance urges staff to “protect the privacy of our students and staff by avoiding any unnecessary discussion of the matter. This is especially true in public spaces. Please ensure that any conversations occur away for [sic] other visitors who could be in ear shot.”
Other districts did not respond to WUSF’s request for comment on this question.
How can you prepare?
Advocates are encouraging students and their families to make a plan and know their rights in case they encounter immigration officials.
ImmSchools has a list of resources for students and parents in different languages, including in English, Spanish, Arabic, Chinese. It includes tips on what documents to carry, making a child care and family preparedness plan, and the legal right to remain silent and contact a lawyer.
The group also provides best practices for schools, outlining how districts can protect students and families while following the law.
Carrizales emphasized the importance of educating teachers about school policies regarding immigration. Teachers are often on the front lines, fielding questions from parents, she said, so these protocols cannot be talked about just “behind doors.”
“If you're not able to tell me how the district or how the school is going to interact with immigration officials, if you don't tell me how my kid is going to be safe, that might make me question whether I should continue to bring my kid to school,” said Carrizales.
“Your immigrant community and families need to know that these protocols exist.”
