TCTA statement on potential ICE action in schools

TCTA has recently received inquiries as to a teacher’s rights and responsibilities in the event of Immigration and Customs Enforcement (ICE) action on campus. 

Texas public schools have procedures in place related to the ability of guests to access a school facility that are designed to protect the safety and welfare of students and staff. Specifically, TEA’s rules require that all exterior doors should be locked and that all primary entrances to a campus must feature a physical barrier that prevents unassisted access to the facility by a visitor and feature a location for a visitor check-in and check-out process. Compliance with these requirements is intended to ensure that any visitor to a campus, including ICE or other law enforcement, can access the interior of a campus only after confirmation of their lawful entitlement to enter. 

As a result of these requirements, school district employees can expect that ICE should check in with the front office prior to being admitted to the campus. Administration should confirm why they are there and that they have a judicial warrant, if relevant. 

School districts have discretion to require that individual classrooms be either locked or unlocked and any directives related to those requirements are typically outlined in the school safety plan. School district employees should comply with those directives and failure to do so could result in adverse employment action.

Teachers are under an ongoing obligation to comply with the requirements of FERPA, meaning that they should not disclose personal information about students to any individual who does not have an educational need to know. Requests for any such information should be referred to administration. 

A teacher should not release a student into the custody of an adult who is not an authorized school district employee, parent, or individual standing in loco parentis without written parental consent, a court order, or a warrant. In the event an adult who is not a school district employee or parent claims a legal basis (such as possession of a warrant or court order) to remove a student from school premises, the request to remove that child should be referred to administration. 

In the event that law enforcement or ICE enters the campus in possession of a lawfully issued warrant or court order, school district employees must comply with that warrant or court order. Teachers should comply with administrative directives that are made with the intent of facilitating enforcement of those orders. 

An attempt to interfere with or impede the execution of a lawfully issued warrant or court order may subject a school district employee to arrest and potential adverse employment action.  

The individual rights and responsibilities of a school district employee can vary significantly depending on the facts and circumstances. TCTA members should call the TCTA Legal Department at 888-879-8282 for answers to specific questions or concerns.