Here’s what Wake will do if ICE shows up at schools. Will agents be allowed on campuses?
The Wake County school system is promising to support families of undocumented students as it tells principals they may deny access to ICE agents unless they have a warrant.
Last week, the Department of Homeland Security rescinded a 2011 policy that kept Immigration and Customs Enforcement agents from making arrests and raids at “sensitive” locations such as schools, universities, hospitals and weddings.
On Tuesday, Wake sent principals guidance telling them ICE agents don’t generally have a right to enter schools without a federal judicial warrant. Absent a warrant, Wake says it reserves the right under district policy to deny ICE agents entry absent “exigent circumstances indicating a threat to public safety.”
“Building leaders have been reminded of the procedures that law enforcement agencies must follow when interacting with students on campus,” Wake said in a statement Tuesday. “If law enforcement seeks access to a school, we will consult with legal counsel to ensure compliance with applicable laws.”
Wake says the guidance was developed in consultation with the district’s attorneys.
Donald Trump’s deportation efforts, ICE raids
Fears about ICE raids have intensified as President Donald Trump has promised to carry out “the largest deportation operation in history.” ICE has conducted raids across the country over the past week and begun deporting people on military flights.
Shoppers were panicked last week when, in an apparent prank, people dressed in uniforms parked what looked like a Border Patrol pickup in a Durham grocery store’s parking lot.
In its guidance, Wake says it’s unaware of any confirmed cases of ICE agents showing up at schools.
“Our primary focus remains on the well-being, safety, and education of every student we serve, regardless of their background,” Wake says in its statement. “We recognize that recent orders may cause uncertainty for some members of our community. We want to reaffirm our commitment to fostering a safe and welcoming environment where all children can learn and thrive..”
A 1982 U.S. Supreme Court decision said students are entitled to attend schools regardless of their immigration status. Wake says it will not ask for or record the immigration status of any student because it could be considered national origin discrimination in violation of federal law.
The memo tells principals they should take no action that would chill or deter undocumented immigrants from enrolling in school.
“The Supreme Court’s Plyler v. Doe decision guarantees all children the right to access a public education, regardless of citizenship status,” Wake said in a statement. “Our district has always complied with federal and state laws and will continue to do so. We are equally committed to ensuring our schools remain safe and welcoming spaces for all students and families.”
What to do if ICE comes to Wake schools
Unless they have a federal judicial warrant authorizing entry, the guidance says ICE agents who show up on campus should be directed to go to the main office and state the reason why they came.
The principal should tell the ICE agent to wait in the office while they consult legal counsel and an Area Superintendent.
“While each case will be evaluated in light of the facts presented, WCPSS strongly discourages interruptions to the educational environment, and the Superintendent or designee reserves the right to deny access to staff, students, or school system property for lack of ‘necessity’ absent a legal right of entry or exigent circumstances indicating a threat to public safety,” according to Wake’s memo to principals.
But Wake says school staff shouldn’t physically block immigration agents if they refuse to wait in the office or say that failure to comply puts others at imminent risk of physical harm.
Don’t give ICE info without a subpoena
The guidance tells school personnel to generally not give information to ICE unless they have a court order or subpoena. Wake says that student records and personally identifiable information are confidential under the federal Family Education Rights and Privacy Act (FERPA).
“Absent a subpoena or court order, FERPA allows such information to be shared with ICE agents only in connection with an ‘emergency’ if the school system determines that disclosing the information is ‘necessary to protect the health and safety of the student or other individuals’ because of a ‘significant and articulable threat,’” says Wake’s memo.
If the ICE agent doesn’t have a warrant or subpoena, the memo tells schools to ask for as much information as possible about why the request was made and then seek guidance from their Area Superintendent.
Constitutional rights of undocumented students
The memo tells school personnel there is no legal requirement to report suspected immigration violations to immigration officials.
“While WCPSS does not prohibit staff from communicating with immigration officials, it strongly supports the constitutional rights of undocumented students to receive a free public education and expects all employees to honor their FERPA obligations in any such communications,” the memo says. “School staff who are contacted by immigration officials should immediately notify the school principal, who may seek guidance from the Area Superintendent as to whether and how specific information may be shared.”
Declining to assist immigration officials beyond what is legally required is not illegal, Wake says.
“However, intentional efforts to hide or conceal undocumented immigrants or to actively deceive immigration officials may subject school officials to criminal prosecution, according to the memo.
This story was originally published January 28, 2025 at 5:51 PM with the headline "Here’s what Wake will do if ICE shows up at schools. Will agents be allowed on campuses?."
