The Connecticut State Department of Education (CSDE) has issued a guidance document advising K-12 schools on how to handle potential visits from federal immigration officials.

A joint press release from Gov. Ned Lamont and CSDE commissioner Charlene Russell-Tucker said the document is a response to questions about recent changes in immigration policy that may see immigration officials enter schools.

President Donald Trump recently announced a reversal in policy dating back to 2011 that stopped U.S. Immigration and Customs Enforcement (ICE) officers from conducting raids and other types of immigration enforcement actions in so-called “sensitive locations,” like churches, hospitals, and schools.

CSDE’s guidance is “designed to ensure compliance with state and federal laws” and advises schools that the state has no obligation to collect or maintain data on students’ immigration status because the Supreme Court has ruled that students have a right to attend public schools regardless of their immigration status. It further notes that federal laws like the Federal Education Rights and Privacy Act (FERPA) limit the disclosure of certain information and school officials should review guidance on these laws and consult legal counsel to ensure they are being followed.

The document also encourages school districts to consult legal counsel to ensure standard procedures for restricting access to school grounds are up to date, noting that districts routinely limit access to schools during the day to ensure safety and minimize learning disruptions. “Standard procedures should address restrictions on access by individuals who come onto school grounds, obtaining proper identification, and determining the purpose of a visit.” the document reads.

The documents also suggest a number of protocols schools can put in place to “provide assurance that plans are in place, laws will be adhered to, and rights will be protected.” Suggestions include requesting and recording ICE agent identification information, designating a school official as the point person to handle ICE agent requests and visits, and consulting with legal counsel for guidance on how to proceed with requests.

The guidance also notes that ICE agents must have a judicial warrant and directs school officials to review any warrant an agent may have to verify what it authorizes. It also notes that administrative warrants are different from judicial warrants and may not authorize agents to access material or areas that are publicly restricted.

Further, the document recommends districts make resources available to students and families that inform them of their rights and provide information about available legal services. It also suggests districts provide counseling services to students and staff due to anxiety they may experience.

“Our schools are primarily places for learning and growth. It is important for our students and families to feel welcome and protected by their schools so educators can focus on teaching and students can focus on learning. To achieve this, we are supporting our school leaders in developing procedures that prioritize the protection of students and their information to the fullest extent permitted by the law.” Lamont said in a press release announcing the creation of the guidance.

“Students are at their best when they are in school, fully engaged in learning, and feeling safe and supported by their school community. This guidance is designed to help school districts develop policies and procedures that are clear and aligned with state and federal law, while ensuring all students feel welcome in their classrooms.” Russell-Tucker added.

Prior to the release of CSDE’s guidance, a number of school districts, including Bridgeport, had published guidelines prohibiting ICE agents from entering their buildings.

A post by the town of East Hartford in response to ICE agents in the area, which informed individuals of their Constitutional right to remain silent and of Fourth Amendment rights requiring law enforcement to present a warrant to enter private property, also drew criticism from a number of sources. Rep. Craig Fishbein, R-Wallingford, posted on Facebook alleging the town was violating the Constitution with its post by “advising illegals how to avoid ICE.”

The content of the town’s post is accurate. Constitutional rights apply regardless of immigration status and individuals have the right to not answer questions from law enforcement. ICE, like other law enforcement agencies, is required to have a judicial warrant in order to enter a private space.

With immigration a prominent part of Trump’s agenda, Connecticut Republicans have also introduced several bills aimed at implementing immigration reforms at the state level. A number of bills have been filed to do things like prohibit nonresidents from receiving public benefits, restrict funding to so-called ‘sanctuary cities’ that do not comply with federal immigration authorities’ orders on deportation, and repeal the Trust Act.

The Trust Act, which went into effect in 2019, provides guidelines for how Connecticut law enforcement interacts with ICE agents and puts limits on how immigration detainers can be enforced. Generally, it limits individuals from being arrested on immigration detainers or from ICE having access to individuals arrested on immigration detainers unless the detainer is accompanied by a judicial warrant, the individual has committed a class A or B felony, or has been flagged in a federal terrorism database.

Republicans in the House of Representatives have unveiled a proposal to reform the Trust Act that would allow local police to hold an individual on a detainer from ICE for up to 48 hours without a judicial warrant and if they have been charged with a class A, B, or C felony, a crime of family violence, or terrorism.

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An advocate for transparency and accountability, Katherine has over a decade of experience covering government. Her work has won several awards for defending open government, the First Amendment, and shining...

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3 Comments

  1. Connecticut is ripe for a resurgence of the American literary movement otherwise known as New Journalism. Or maybe we just need “The Onion.” We need something, and desperately.

    This story is fine. It contains information. It contains statements. I assume those statements are accurate. The problem is, I don’t get it. And while I want to care, I don’t. I think, more likely than not, I am confused.

    Just a few days prior to President Trump inauguration, Governor Lamont drew a clear line in the sand regarding deportation: You will not come take our “dreamers.” He drew a second line on Sunday in the Hartford Courant. You will not come into New Milford (Litchfield County) or Southington (Hartford County) and conduct your raids. Those towns and school districts are likely home to one or several school age children with questionable immigration status. What if one of those children fails to show up for school one day–what will the impact be on his/her peers? The Governor went on to say that Lower Fairfield County or the Gold Coast where he lives is safe because they don’t allow immigrants in their schools but New Milford and Southington will certainly be targets because those towns are historically populated with “poor white trash” & “broke ass bitches.” But what about Bridgeport? Why didn’t the Governor talk about Bridgeport and what that scenario might look like? Because he can’t. Entire class rooms disappear in this scenario. Staff disappear. Communities disappear.

    This article is about metal detectors. The Charlene Russell-Tucker and the CSDE are telling the school administrators and building officials that it is their responsibility to hold the line at the metal detectors and protect the children. The rhetoric in this article is identical to the rhetoric promulgated throughout the schools and community when the metal detectors were first installed. In other words, the CSDE has made it clear, “Our official stance is, good luck.” End of story. The end. This is Connecticut. We stand for nothing.

    Bridgeport will take matters into its own hands, make no mistake. The health of the city’s administration is a good indicator of the health of the city and its population. in the biblical sense, sin begets sin, so to speak. Has anyone considered the great irony in all this? Wanda-Geter-Pataky, on paid leave from her Bridgeport City Job while facing criminal charges for ballot fraud, supplements her income by bringing crews of out-of-state non-citizens to marry as many as 100-plus Americans a month at New Haven City Hall? Governor Lamont openly and publicly endorsed Joe Ganim for Mayor of Bridgeport during this most recent election campaign. There is a relationship between these men, a tie that binds, a bond that is strong and endures, through good times, and scandalous ones.

    Bridgeport has a lot of guns. Bullets, as well, are quite plentiful. The shell casings drop on the streets, not in the schools. Bridgeport is tough city. The mothers are tough, the grandmothers even tougher. Tough skin is the only skin in Bridgeport. It is resilient, and generational. Approach with caution. And good luck.

  2. As long as the state, cities and towns accept federal educational funding, ICE has every right to enter public schools.

  3. Stop the aiding the criminals of this state. Were a nation and a state of laws. Your giving comfort to the law breaker. You should go to jail for aiding and abbetting criminals. If your not a legal citizen your what? Two plus two is five🤔🤔🤔. By u even posting this directive your aiding, giving information which most ur not telling the truth false info. Your living here illegal, means your a criminal. Sadly to say for americabs were guilty before innocents, in othe wrds the Cart B4 the horse, so the cart is pulling the horse when it should be the other way. Horse pulling the wagon.

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