RALEIGH, N.C. (WTVD) -- Wake County Public Schools System (WCPSS) released their immigration enforcement policy late Tuesday, following last week's statement by the Department of Homeland Security stating that ICE agents would no longer be barred from schools and churches.
Under a 1982 Supreme Court decision Plyler v. Doe, the court upheld that it is unconstitutional to deny undocumented students the same opportunities to receive an education as U.S. citizens. The decision also means that school staff cannot ask students or parents about their visa or immigration status, as it could be considered a violation of federal law and WCPSS Board Policy. This means that undocumented students have the right to enroll in WCPSS.
WCPSS said in their policy that it's unclear at this point whether the new directive from the Trump Administration would allow ICE agents to come into schools to detain students or conduct raids.
As far as whether immigration officials have the right to enter WCPSS schools if they have a warrant, the district said it depends on what type of warrant they have. If they have a judicial warrant signed by a judge or magistrate and typically related to a criminal case, law enforcement (including ICE agents) would be able to enter school grounds to execute the arrest or search/seizure warrant.
If the warrant is administrative, and issued by an immigration officer and not a judge, and is typically classified as a "warrant for arrest of alien" or "warrant of removal/deportation", those warrants only authorize ICE agents to detain and arrest someone, they do not authorize them to enter property like school grounds.
WCPSS also makes clear in the policy that if any immigration official shows up at a school, school officials need to be notified immediately and may work with attorneys to ensure legal compliance.
The school also can't release student records to law enforcement without a court order or valid subpoena and school officials have to also make a reasonable effort to give families advanced notice, so they can seek protective action in court.
It is a federal crime for anyone to "conceal" "harbor" or "shield from detection" any undocumented immigrant, but school staff members are not required to report suspected immigration violations to law enforcement. While staff isn't prohibited from communicating with immigration officials, WCPSS stated in their policy that "it strongly supports the constitutional rights of undocumented students to receive a free public education."
Durham Public Schools (DPS) also released a statement about their immigration enforcement policies.
It reads in part: "We understand that recent changes in federal immigration enforcement may create uncertainty and fear for DPS families, staff, and neighbors across our community. As we work extremely hard to quickly learn more, we want to provide assurances about what hasn't changed. Durham Public Schools will continue to provide every student, regardless of background, with a quality education in an inclusive, welcoming, and supportive environment. This is the right of each and every DPS scholar in our schools. We will also maintain and follow school safety protocols, district policies, as well as state and federal laws that protect the rights, safety, and dignity of each scholar."
The DPS statement goes on to mention the Plyler case that protects the right of undocumented students to enroll in public schools, and references the Family Education Rights and Privacy Act that protects student records, saying that DPS will only provide confidential student information to immigration officials if required by law.
The statement also explained that DPS "is designed to serve as a safe space for every student. We are proud of our diverse community and will provide the necessary support for our scholars academically as well as socially and emotionally. Our mission to embrace, educate, and empower every student to innovate, serve, and lead remains steadfast."
If you have questions about the school immigration enforcement policies, districts encourage families to reach out to them directly.