If U.S. Immigration and Customs Enforcement agents show up at their doors, Maryland schools shouldn’t automatically do as they say, new guidance from the Maryland State Department of Education says.

The guidance, issued Thursday, makes clear that school officials should cooperate with law enforcement and federal immigration authorities, who under a Trump-administration policy change can now arrest undocumented immigrants at “protected areas” such as schools, churches and day cares.

But schools should be consulting with their lawyers first, protecting students' privacy and keeping families in the loop, the guidance says.

“Every child deserves access to a quality education, and it is our responsibility to uphold that right,” State Superintendent of Schools Carey Wright told the districts in her letter outlining how they should handle the change.

What to do

If ICE agents ask to see student education records or interview a student, school employees should seek advice from their attorneys and local superintendent before complying, steps that fall in line with what Central Maryland school districts were already doing.

Wright said staff should immediately tell a student’s parent or guardian if immigration officials ask to or do speak to their child, unless the agent presented a judicial warrant or subpoena that bars them from contacting parents.

Wright added that districts should be training staff, including teachers and administrators, on these protocols. The specifics might vary depending on the school system.

Protections for students

Parents don’t need to prove they or their children are in the country legally to enroll their kids in school, so long as they live in the district.

Schools should not ask families for Social Security numbers or about their immigration status to enroll students, Wright’s letter says. If a district needs to collect that kind of information to comply with state or federal laws, that should happen after a student has registered so families don’t think their immigration status would stop them from enrolling.

There are also laws that protect students’ information from being released to officials without written consent from their guardians, except for educational purposes or under certain legal circumstances.

Wright said if a school district has a public directory of its students that includes information such as names, addresses and phone numbers, the district must tell families about that policy, make sure they understand it even if they don’t speak English and allow them to opt out.

Other advice for families

Wright said parents who fear they may be detained or deported can identify a trusted adult to care for their child by updating their emergency contact information at school. Parents can also select “standby guardians” by filling out this form and giving it to their child’s school, doctor and other family members.

If a family finds themselves in need of a lawyer, Wright pointed to legal aid organizations such as The People’s Law Library of Maryland and the Immigration Advocates Network.

About the Education Hub

This reporting is part of The Banner’s Education Hub, community-funded journalism that provides parents with resources they need to make decisions about how their children learn. Read more.