For months now, April Leachman, a middle school science teacher in Dallas, Ga., has been addressing fears and concerns from her immigrant students over the possibility of federal immigration agents coming to their school.
“My kids were scared to come to school, because they were afraid that they were going to be picked up from campus,” Leachman said. “I did have several students that said, ‘Would you protect me if somebody came?’ I said, ‘Honey, I will do everything I can to protect you.’”
It’s a reality more educators are grappling with as the Trump administration ramps up immigration crackdowns across the country with aggressive tactics deployed in cities like Chicago. U.S. Department of Homeland Security officials have said that Immigration and Customs Enforcement officers are not going into schools to arrest children, but that “if a dangerous illegal alien felon were to flee into a school, or a child sex offender is working as an employee, there may be a situation where an arrest is made to protect public safety.”
But what happens if a student is detained by ICE off campus for a civil offense? What role would or should districts and educators play in such scenarios?
For educators surveyed by the EdWeek Research Center, the answer to that question depends on a number of factors.
Educators think districts should advocate for students detained by ICE
From June 26 through July 24, the EdWeek Research Center surveyed 559 teachers, principals, and district leaders and asked what their district should do if an immigrant student is apprehended by ICE agents off campus for reasons related to immigration violations that are civil, not criminal.
While some immigration-related actions can be criminal violations (for example, reentering the country after deportation), being undocumented itself is not a criminal offense, experts from the National Immigration Law Center have said.
The largest share of respondents (47%) said their district should advocate for a student’s release from immigration detention.
But when asked whether they would personally advocate for a student’s release in such a scenario, respondents were more hesitant, with 44% of educators saying it depends.
Gustavo Balderas, the superintendent of the Beaverton school district in Oregon, who did not participate in the survey, said in general, when it comes to advocacy on behalf of a detained immigrant student, he would favor a district-level response, in collaboration with local community-based organization and elected officials.
But when deciding whether to issue such a response on behalf of the district, Balderas said it would depend on the particulars of a student’s case.
For example, he wouldn’t advocate for a student detained for committing a criminal offense. But he would advocate for an undocumented student apprehended while at work or at home with their family.
And unfortunately, Balderas said, there have been cases across the country when immigration agents have detained students who weren’t doing anything illegal.
“My parents are from Mexico. They were not legal citizens. They were migrant workers that would come over here and work in the fields in California, Oregon, and Washington state. My mom got her citizenship maybe 15 years ago. Coming to this country is not a crime,” Balderas said. “I think we’re criminalizing students by just who they are. And that, to me, is racial profiling that I’ve seen lately, that I’ve never seen in my 35 years.”
Balderas said that if a district decides to advocate for a student—like a New York superintendent did earlier this year, when three local students and their mother were detained—there’s power in the messaging coming from the top as opposed to from individual teachers or schools.
Leachman, who participated in the EdWeek Research Center survey, agrees.
“It is everybody’s responsibility to keep [students] safe while they’re here, but if the superintendent comes up with the policy, then it will be followed by everybody,” she said.
Educators cite concerns over legal liability and lack of expertise when advocating for students
When survey respondents were asked what factors would help them determine whether they would advocate for an immigrant student detained off campus for a civil immigration offense, top responses included the particulars of the student’s situation; whether or not they felt they had the necessary knowledge/training to effectively assist; and the potential for legal liability.
Potential legal liability was also the top reason survey respondents gave for why they wouldn’t advocate for an immigrant student detained off campus for a civil immigration offense.
Balderas argues that by collaborating with local elected officials and community organizations, districts that choose to advocate on students’ behalf are less threatened by legal concerns.
Still, he added, that may depend on where elected officials stand on immigration policy and enforcement.
Leachman said she understands educators’ concerns about possibly making things worse by advocating for students without the right expertise, and about receiving any pushback for public advocacy.
Twenty-six percent of educators surveyed by the EdWeek Research Center said concerns about suffering consequences at work would be a reason why they wouldn’t advocate for a student detained by ICE.
“I would do anything for my kids, but I don’t know what to do, and I promised my husband I wouldn’t get arrested,” Leachman said.
That said, she would consider connecting students and families to vetted resources if needed.
In her district, officials have told her, when asked, that they couldn’t do anything off campus regarding immigration enforcement, but they wouldn’t let anybody be taken from their campuses.
“We’re in a very red part of Georgia, and so I was surprised that they weren’t going to be cooperating” with ICE, she said.
Leachman is set to retire soon after more than 32 years teaching. She hopes to become more of an advocate for immigrants then.
“I’m angry that our kids are having to deal with this,” she said. “My immigrant kids work so hard, and all their families want to do is make a better life for themselves.”
