Opinion
School & District Management Opinion

Denver Superintendent: Why We Sued the Federal Government

Education leaders shouldn’t remain apolitical in the face of serious threats from the Trump administration
By Alex Marrero — May 09, 2025 6 min read
Human hands created secure environment for children via home roof gesture. Adults taking care of vulnerable students.
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School superintendents have for the most part worked hard to remain nonpartisan in the legislative arena. True, we have worked with our local, state, and federal representatives to help them understand our students’ needs but try to steer clear of divisive politics.

Unfortunately, we no longer have the luxury of remaining apolitical in our positions—not when U.S. Immigration and Customs Enforcement threatens to show up on our campuses, our schools are accused of radical indoctrination, and the dismantling of the U.S. Department of Education puts our most vulnerable students at risk.

As the superintendent of the Denver public schools, where a majority of our students are from marginalized backgrounds and thousands are recent migrants, I believe it’s important to honor and defend the values of the community I serve. Denver is an inclusive city, which has seen an influx of about 45,000 migrants—some bused by the state of Texas and dropped off in the city—between December 2022 and November 2024. During that same time period, we welcomed more than 4,000 new-to-country students into our schools. These students have a constitutional right to a public education.

Our state of Colorado, too, is inclusive. The legislature recently passed a bill that, among other provisions, denies federal immigration officers access to schools and other “sensitive” locales unless the agents have a warrant signed by a judge. Such places had been considered generally off-limits in all states until a Trump administration directive in January.

Regardless of your politics, when you have so many new students, who you are legally obligated to serve, you must do everything you can to help them thrive. And when the political environment negatively impacts children’s ability to succeed, I, like many of my fellow superintendents who serve historically marginalized students, am forced to take a stand to protect the sanctity of our school system and the constitutional rights of our new students. That often puts us at odds with many individuals in power.

With public education under attack, superintendents are learning new tactics to prepare for the professional battles of their lives. And even more important, they are building a coalition of community supporters to advance their work. They are doing all this while continuing to focus on student achievement.

It’s up to us as superintendents to establish trust with our teachers and prove that we are taking up the fight on their behalf.

Here is how we in Denver are taking a stand:

1. We sued the Trump administration over its directive allowing Immigration and Customs Enforcement actions in schools.

In early February, our district experienced a 3% drop in attendance after ICE raided several nearby apartment buildings. Students watched as federal agents delayed their buses. The fear that family members and loved ones would be detained reverberated through our schools. Children were nervous to come to class, and DPS provided increased mental health services for students and training for our teachers and staff in response.

Fueled by our most important value, “students first,” in March, our district apparently became the first in the nation to sue the Trump administration for its directive that allows ICE enforcement actions in certain formerly “protected” settings, including elementary and secondary schools. We knew the pushback would be intense, and critics would accuse us of undermining immigration law, but we had to resist the possible unnecessary disruption of our children’s normalcy.

While a federal judge ruled against our motion for a preliminary injunction to bar ICE from raids at our schools, the case itself is still moving forward. The first courtroom round had the additional effect of showing that the Trump administration policy in regard to immigration enforcement on school grounds was essentially unchanged from the Biden era. As in the past, if federal immigration agents wish to detain someone, they must receive prior approval from a judge, and school officials can keep agents out until a warrant is presented.

The court proceedings forced the U.S. Department of Homeland Security to make public that internal guidance. As a result, we now have the actual language of the guidance rather than only the fear-inducing rhetoric and ambiguity that prompted our lawsuit to begin with.

See also

A student arrives for school Tuesday, Jan. 21, 2025, in the East Boston neighborhood of Boston.
A student arrives for school on Tuesday, Jan. 21, 2025, in Boston. Schools are navigating new challenges after the U.S. Department of Homeland Security ended its policy discouraging immigration enforcement at sensitive locations—such as schools.
Michael Dwyer/AP

2. We are creating a community of advocates on both sides of the political spectrum without engaging in futile debates.

Regardless of our politics, most of us share the same education goal: to create the best learning environment for every child. Finding common ground is how I have been able to engage parents, educators, and lawmakers who hold opposing views.

To foster true communitywide collaboration, we launched DPS 101: A Community Leadership Course in 2024. These in-person learning sessions guide community members through the inner workings of the district, from curriculum to communications to operations, so they fully understand our schools’ challenges and opportunities. By erasing misconceptions and fostering a greater sense of belonging for all stakeholders, we have achieved significant buy-in from the community on the steps we need to take to move our district forward. Many DPS 101 participants have already become some of our best advocates in the face of political upheaval.

As critical as it is to engage with individuals of differing views, it is just as crucial for school leaders to curb antagonistic and futile debates. Some surely take the view of a Department of Homeland Security spokesperson who said in January that the change to the sensitive-areas policy will help to thwart “criminal aliens—including murderers and rapists … [who] will no longer be able to hide in America’s schools and churches to avoid arrest.”

The concern that a migrant murderer or rapist is hiding in a classroom is too far-fetched to waste time on. Why try to persuade someone with that viewpoint when you could be building authentic relationships with community members who share our commitment to student success?

3. We never lose focus on our students. We fight on behalf of our teachers.

No matter how volatile political debates over education become, parents and caregivers can rest assured that educators are keeping outside distractions away from their classrooms.

Recently, we hosted our quarterly leadership meeting for principals and other administrators. While I was concerned that the lawsuit challenging the Trump administration’s directive and the proposed elimination of the Education Department would dominate our discussion, the conversations remained centered on what the district could do day-to-day to create new learning opportunities for our students and ensure they have what they need to be successful.

Educators can feel frustrated, nervous, and angry with the steady stream of changes and pronouncements coming out of Washington, but when the bell rings, they are fully focused on their students. That is why it’s up to us as superintendents to establish trust with our teachers and prove that we are taking up the fight on their behalf.

In today’s polarized climate, education policy is becoming increasingly divisive, and political battles seem to be never ending. Superintendents have no choice but to embrace their roles as civic leaders. By remaining resilient in the face of adversity, leaning on fellow superintendents for support, and building a community of advocates, school leaders can persevere through the continued chaos ahead and ensure our schools remain places of joy, learning, and inclusion for all children.

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