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Luciana Mendy
The Trump administration revoked previous policies on Jan. 21 that prevented the U.S. Immigration and Customs Enforcement (ICE) agency from carrying out investigations within schools. Students are concerned about the future effects, and the change in federal policy has forced Shawnee Mission School District officials to have discussions with principals about how they cooperate with ICE.
President of Latinos of Tomorrow and senior Kevin Rodriguez said he tries to stay informed of new immigration policies. Although Rodriguez is a U.S. citizen he still feels unsafe with the way current policies are unfolding around him. He is also worried about the undocumented immigrants in his life and the effects the specific policy will have on them.
“It’s probably one of the most horrible things ever because now you’re not safe anywhere,” Rodriguez said. “I remember growing up my mom would always tell me that there were three places I could feel safe at: home, church and school. Now they are revoking that safety.”
Principal Jason Peres says the district currently has no plans to change its policy on how schools will interact with law enforcement during investigations and interrogations. Despite having no changes, the current school policy, formally known as JCAC, still aligns with the new federal policy.
Legally, the district is required to cooperate with ICE if the agents have a judicial warrant. The current district policy specifies that ICE will only be able to investigate students in the school if a parent or guardian has given permission, a valid warrant has been provided or if there is an emergency.
“Our policy does exactly what we need it to do,” Peres said. “I don’t think it’s likely for us to change our policy at this point. If new information comes about or we start to have a bunch of incidents, I guess we could revisit it. But it is written in such a way that it does address any potential issue we might face with a federal agent wanting to come into our schools.”
SMSD Communications Director David Smith confirms that ICE will only be able to investigate within the school if one of the three district criteria is met.
According to Monica Bennett, the legal director for the American Civil Liberties Union of Kansas, for ICE to get a judicial warrant they have to show probable cause, which would give ICE the authority to search an area.
However, ICE could also use an administrative warrant which would authorize an arrest, but not a search, so ICE agents would still need permission from the district officials to investigate within the school.
Regardless, according to Bennett, the Trump Administration didn’t just make it possible for ICE to investigate within schools — it also made areas close to schools, such as sidewalks, parks and local shops, open to enforcement.
Rodriguez met with the administrators to further understand the policy when he learned of the new executive order. However, Rodriguez realizes that school officials can only do so much to protect undocumented students.
“It’s hard to feel safe in the place that you thought was going to be safe,” Rodriguez said. “You can’t blame the school for it, because it’s a law, right? So, it’s hard to feel safe anymore. I know the schools are trying the best they can, maybe by delaying the process or something, but they have to abide by the law.”
The district’s policy also states that school staff must report violations of criminal law. However, illegal immigration falls under civil law, so there is no requirement in the policy for staff to report a suspected undocumented student. The school also has no records of any student’s legal status due to the Family Education Rights and Privacy Act and its regulations.
According to a Harbinger Instagram poll of 171 people, 79% are concerned about the effects of the new federal immigration policies.
Sophomore Cassidy Graham is also worried about her multiple friends who are immigrants and could be impacted by this policy. Graham said she believes there’s no reason why immigration services should be able to investigate within schools.
“I feel like we don’t really need [ICE] here, we come here to learn, and school’s really the last place ICE should come to,” Graham said.
According to Peres and Smith, the school’s main focus will be to try and maintain the learning environment— meaning they won’t allow ICE agents to disrupt classrooms or the education of other students by roaming the hallways.
However, Graham believes that disruptions will happen no matter what because students will eventually hear about the incident — word travels fast. She also believes that transparency from the school will be necessary in the future if ICE officials enter the building.
According to Smith, the district won’t be giving a public statement about its current policy because it is not necessary. However, he advises students to reach out to their principals if they have any questions regarding the policy
“It may not harm you, but it’s gonna harm your friends being deported,” Graham said. “The best they can do in this situation is just be fully transparent and provide resources as to where we can see this information about policy changes with immigration.”
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