Arizona’s Democratic Attorney General Kris Mayes released guidelines for schools following the Trump administration‘s decision to allow Immigration and Customs Enforcement officers to make arrests on school grounds.
The Trump administration ended the long-standing practice of exempting sensitive locations, such as schools and places of worship, from immigration enforcement. In response to weeks of requests from schools, Mayes outlined guidelines with the caveat that they were not legal advice.
“Like many Arizonans, I am concerned that immigration enforcement at or near schools could force families to choose between state law penalties or the risk of civil immigration consequences,” Mayes wrote. “And immigration enforcement at or near schools would predictably deter students from attending school.”
In the letter, Mayes said she sought “to address one of the most important and frequent questions right now” — whether school officials must allow officers enforcing immigration law to enter nonpublic areas of school campuses.
“As is explained below, the answer to that question will frequently be ‘no,’” Mayes wrote.
She explained that while federal immigration officers typically act on “administrative arrest warrants” issued by the Department of Homeland Security, she is making a distinction between administrative warrants and judicial warrants, or court orders, which must be complied with.
Mayes said that except in emergencies, schools should “confirm that the law enforcement officer is acting pursuant to a valid judicial warrant” if federal immigration authorities “seek access to a student while on school grounds.” She noted that the warrant must be “signed by a neutral judge or magistrate based on a finding of probable cause.”
“However, a DHS-issued administrative arrest warrant does not require a school to grant access to nonpublic areas of school campuses. This is based on longstanding federal policy and law, and is consistent with guidance issued by many other states,” she wrote.
Mayes also noted in her guidance that all students in the U.S. are entitled to a free public education, regardless of their immigration status, a right that was established by the 1982 Supreme Court decision in Plyler v. Doe. The Arizona Constitution additionally guarantees access to free public education for all between ages 6 and 21 who reside in the state, Mayes said.
She said she advises each school district to plan for how to respond if federal immigration officers execute their work on school campuses.
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“Confusion itself can cause great harm — leading to fear and changes in behavior, such as not attending school. Schools can take immediate steps to alleviate that confusion by communicating clear policies to students and parents,” Mayes said.
Some Phoenix-area school districts have already passed measures to call themselves “safe” and “inclusive” places and environments, according to ABC 15 Phoenix.
