Dive Brief:
- Denver Public Schools has issued the latest salvo in the battle over the Trump administration’s controversial new policy allowing immigration raids on school grounds with a lawsuit filed Wednesday in federal court.
- In Denver Public Schools v. Noem — believed to be the first lawsuit against the policy from a school system — the district seeks to undo the Trump administration’s Jan. 21 decision to allow immigration enforcement actions at “sensitive” locations such as schools, places where children gather, medical facilities and places of worship.
- In the interim, Denver Public Schools is asking for a temporary restraining order to prohibit U.S. Immigration and Customs Enforcement and Customs and Border Protection enforcement of the policy.
Dive Insight:
The new Trump policy lifted the practice of avoiding immigration enforcement activities at places where students gather. Versions of the protected areas guidance have been in place for more than 30 years, according to the Denver system’s 25-page lawsuit, which was filed in the U.S. District Court for the District of Colorado.
According to the lawsuit, school attendance has dropped “noticeably” across all schools in the Denver district — and particularly in schools with “new-to-country families and where ICE raids have already occurred” — since announcement of the new policy.
The suit alleges that the policy is hurting the district’s ability to provide education and life services to children who aren’t attending school out of fear of immigration enforcement action. Colorado’s largest district, Denver Public Schools enrolls more than 90,000 students across 207 schools.
In rescinding 2021 Biden administration language on the topic, the U.S. Department of Homeland Security said in a press release that the reversal would empower Customs and Border Patrol and Immigration and Customs Enforcement agents to enforce immigration laws and catch criminals who are in the country illegally.
“Criminals will no longer be able to hide in America’s schools and churches to avoid arrest,” the statement read. “The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense.”
In its lawsuit, however, Denver Public Schools alleges that the new policy “gives federal agents virtually unchecked authority to enforce immigration laws in formerly protected areas, including schools. As reported to the public, the sole restraint on agents is that they use their own subjective ‘common sense’ to determine whether to carry out enforcement activities at formally safeguarded locations such as schools.”
The lawsuit further claims that the DHS directive has not been backed up with formal written guidance and seeks for such a policy to be made “available for public inspection.”
In a Thursday statement to CBS News Colorado, Tricia McLaughlin, assistant secretary of public affairs at DHS, said officers “would need secondary supervisor approval before any action can be taken in locations such as a church or a school. We expect these to be extremely rare.”
The Denver Public Schools lawsuit comes the same week as a challenge filed by 27 religious groups — including the Mennonite Church, Episcopal Church and Central Conference of American Rabbis — that accuses the new immigration policy of infringing upon their congregations’ religious freedoms. Another lawsuit filed in January and led by the Philadelphia Yearly Meeting of the Religious Society of Friends, a Quaker organization, also alleges the policy infringes upon religious freedoms.
