By Samantha Hernandez & Phillip Sitter, Des Moines Register
Des Moines, IA-Schools in Iowa and across the country are working to assure families they still have some protections after President Donald Trump’s administration authorized federal agents to carry out immigration arrests in schools.
In the Des Moines metro, school districts including Ankeny, Dallas Center-Grimes, Des Moines, Johnston, Urbandale, Waukee and West Des Moines have sent out information to families as concern over possible arrests grows.
Most are saying that any immigration agents trying to enter schools or obtain information on students or parents will be directed to administrators, although they say they must comply with warrants.
“Everyday Des Moines Public Schools does everything we can within our legal and moral authority to support students, which is always our top priority,” said Des Moines Superintendent Ian Roberts in a letter to families.
West Des Moines Community School District Superintendent Matt Adams and school board president Anadelia Morgan echoed that sentiment in a letter to families.
“At West Des Moines Community Schools, we value diversity and strive to create a community where everyone feels respected and dignified. We recognize that the recent presidential executive orders have caused fear and harm for students, families, and staff,” Adams and Morgan wrote. They added that the district remains “committed to creating an inclusive and safe environment for each member of our school community.”
Urbandale Superintendent Rosalie Daca wrote in a letter, “We have faced difficult challenges before, and we will likely continue to face them, but I know at the heart of our district is a fundamental belief in teaching all, reaching all, and welcoming all.”
The announcement that Immigration and Customs Enforcement arrests would be allowed in schools and churches — places formerly designated as off limits for immigration-related arrests — came one day after Trump was sworn in.
Fear and anxiety in schools has been high since then.
In January, Secret Service agents stopped at a Chicago elementary school for an unrelated matter and officials turned them away after mistaking them for immigration officials, according to several news outlets.
Trump has vowed repeatedly to curb the number of immigrants coming into the country and to send people who are undocumented back to their country of origin.
In December, Iowa’s Gov. Kim Reynolds joined with 25 Republican governors who pledged to help carry out the president’s plan to remove undocumented people.
Here is what we know about how Iowa schools are navigating the uncertainty of immigration law enforcement action on school property.
Can Iowa school districts ask for a student’s immigration or citizenship status?
No.
A Social Security number also is not required to enroll a child in school.
School officials also cannot ask about a parent or caregiver’s citizenship or immigration status, according to the Iowa Department of Education. Officials can request documentation to verify a family lives within the school’s attendance boundaries.
How are students protected by law?
The U.S. Supreme Court ruled in 1982 in the Plyler v. Doe case that all students have the right to enroll in public schools without regard to the immigration status of themselves or their parents or guardians.
Students also have significant privacy protection rights through the Family Educational Rights and Privacy Act, or FERPA, said Tara Thomas, government affairs manager at AASA, The School Superintendents Association.
“(Superintendents) deal with FERPA all day, every day,” Thomas said. “So, it’s not anything new to them, but those are two protections that families should be aware of that are in place for them so they can continue to go to school and know that it’s a safe space for them.”
The Oklahoma State Board of Education, however, unanimously approved in January a proposal requiring parents to report their immigration status or proof of citizenship when enrolling their children in public schools.
The state Legislature and governor still need approve the proposal. The proposal also would require school districts to “submit only information of the total number of students that lack of documentation, excluding any personally identifiable information.”
Kyle Werner/The Register
Under what circumstances can ICE or other law enforcement agents go into school?
Most school districts have said up front that they ultimately must comply with lawful subpoenas or warrants that law enforcement agents present.
Some districts have outlined next steps upon agents’ arrival:
- In Johnston, ICE agents should be referred to the superintendent’s office or another designated administrator.
- In Waukee, law enforcement’s requests to interview a student must go through the principal’s office, and the principal can grant or deny the request while also attempting to contact parents and asking them to be present. “Students will not be taken from school without the consent of the principal and proper warrant,” according to a letter to district families from Superintendent Brad Buck.
- In West Des Moines, all requests to access schools, buses and other events have to go through the superintendent’s office. At schools, principals would first meet with an agent in an area away from students while contacting the superintendent’s office, which would contact district legal counsel. The district administrator would then meet with the agent in-person to “determine next steps.”
- At Des Moines Public Schools, all subpoenas should go to Shashank Aurora, the district’s chief financial officer, according to information sent to staff. Staff also has been told not to communicate or share information about individual students with anyone who is not listed as an emergency contact.
Are schools providing any advice or resources to families with questions or concerns?
Some school districts have provided links to outside resources.
Districts have shared information — including Des Moines, Johnston, Urbandale and West Des Moines — for the Iowa Migrant Movement for Justice, Refugee Alliance of Central Iowa, and U.S. Committee for Refugees and Immigrants Des Moines.
Other organizations and campaigns that metro districts have shared with families include Catholic Charities, the Diversity Service Center of Iowa, Iowa Safe Schools, One Iowa and We Have Rights.
Des Moines schools’ staff have been advised not to give legal advice or fill out any legal documents for families.
If Des Moines parents or caregivers are detained while their student is at school, staff should contact the building’s Bilingual Family Liaison or a SUCCESS coordinator, according to information the district provided to the Des Moines Register.
Des Moines diocesan Schools Superintendent Donna Bishop sent a letter to parents and guardians reiterating the stance of a Nov. 19, 2024, Iowa Bishops’ letter that expressed solidarity with migrants — regardless of their home country — “during this volatile time.”
“They recognized the immense challenges faced by migrants, assuring all that they are not alone,” Bishop wrote.
Catholic schools’ staff have been instructed to adhere to FERPA and direct ICE agents who come to the school to the administrators, who will contact the Diocese of Des Moines Catholic Schools office, Bishop said in the letter.
Officials are not to share student records with immigration officials without a “judicial court order or valid subpoena obliges us to do so or parental/guardian consent is provided.” And immigration agents cannot access school facilities on “official business without a judicial warrant signed by a federal judge.”
“We will consult with legal counsel and take every step we can to protect your child,” Bishop wrote.
What are your rights and how can you prepare?
People living in the United States, regardless of immigration status, have certain rights and protections provided by the U.S. Constitution, according to the American Civil Liberties Union:
- You have the right to remain silent: You don’t have to discuss your immigration or citizenship status with police or immigration agents. Anything said to an officer can later be used against you in court.
- If an immigration agent asks if they can search you, you have the right to say no. Agents do not have the right to search you or your belongings without your consent or probable cause.
To prepare for possible immigration crackdowns the National Immigration Resource Center recommends:
- Gather important documents for all family members showing the length of time each one has been in the United States. This can include birth certificates, U.S. income tax returns, utility bills, leases, school records, medical records, or bank records. Have an electronic folder that can be accessible by phone.
- Identify your emergency contacts, memorize their phone numbers, and make sure your contact can access all of your documents.
- Provide your child’s school or daycare with an emergency contact to pick up your child in case you are detained.
- If detained by ICE, loved ones can use ICE’s online detainee locator to locate you with the date of birth and country of origin at https://locator.ice.gov/odls/#/search.
Legal experts recommend families with members who do not have legal status consult with an attorney and keep their contact information nearby.
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