A Community Conversation: Supporting and Defending Our Immigrant Neighbors
The following is a DougCo Collective “Community Conversation.” An op/ed piece of sorts, "Community Conversations" can be submitted by a Douglas County community member (parent, student, teacher/staff or community member) with a byline or anonymously. The intent is to give members of the Douglas County community an opportunity to contribute to the larger DCSD conversation with their lived experiences and perspectives.
It is unclear whether the Douglas County School District has an established policy or protocol in place to address the possibility of Immigration and Customs Enforcement (ICE) arriving at any of our schools to obtain information about or take a student into custody.
Let’s start by understanding the legal framework that guides ICE activities. ICE has historically adhered to a policy discouraging enforcement actions in sensitive locations such as schools, places of worship, and medical facilities. These spaces are meant to be safe havens, but there are exceptions – actions can occur if ICE agents believe there is an imminent threat to national security and/or public safety.
Recent developments through an Executive Order issued by the new Trump Administration appears to have granted ICE permission to enter schools. This is an unprecedented move, given the historical understanding of schools as safe zones for our students, not to mention the landmark U.S. Supreme Court decision in Plyler v. Doe (1982) that ensures all students have the right to a free public K-12 education, regardless of their immigration status or that of their parents.
The Plyler v. Doe case originated in Texas, where a state law denied public school funding for children who were undocumented immigrants. The law also allowed school districts to charge tuition for these students, making it difficult for them to access education.
The Court ruled (5-4) that denying education to undocumented children violated the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. The Court reasoned that education is essential for individual and societal success, and denying it would create a permanent underclass.
Impacts of the decision codified that public schools cannot:
Deny admission based on immigration status.
Require students to provide Social Security numbers or proof of citizenship.
Take actions that may discourage undocumented children from enrolling.
All children, regardless of their legal status, are entitled to a free and equal public education in the U.S. This ruling remains the law today and protects the educational rights of immigrant children across the country.
While the Executive Order likely stems from political posturing, this clear disconnect in policy protocol warrants public clarification from the Douglas County School District to confirm that measures are already in place to protect DCSD students from ICE sweeps in our community.
Several neighboring districts have already issued statements and established protocols that address this matter, outlining steps that teachers and administrators should follow if ICE were to appear at a school. However, to date, there has been no such guidance or reassurance from DCSD publicly to address this issue.
Superintendent Erin Kane stated in responses to email inquiries that guidance was sent to administrators and ELC teachers last week (read the content here), but there has yet to be any public statement or reassurance to DCSD families and the community.
It is the absence of open and public communication from DCSD on this matter that is troubling.
—-Submitted by DCSD parent Chad Cox
