KASA Alert: An Overview of President Trump’s Immigration Policy

Kentucky Center for School Safety > News > School Safety News > KASA Alert: An Overview of President Trump’s Immigration Policy

From the desk of Jon Akers, Executive Director of Kentucky Center for School Safety

We have been receiving calls about how to school should react when and if ICE immigration agents should show up at one of your schools. KASA just sent this out. Wayne Young comes through once again for all of us. I wanted to be sure you all received it. Please see below.

Immigration Information for KASA School Leaders

With President Trump’s newest executive orders, school leaders are asking how they might prepare should ICE agents show up at their district. In this alert, you’ll find an update and direction from KASA’s longtime general counsel Wayne Young. (Download here.)

Understanding these updates is crucial for school leaders navigating this evolving landscape. As new information becomes available, know that we will keep you updated through Alerts like this and KASA’s online member forum at connect.kasa.org. You can also find additional resources on the KASA website. Be sure to check it regularly for the latest updates.

If you have any questions, please reach out to us at (800) 928-5272 or email Rhonda Caldwell (rhonda@kasa.org) or Bob Rowland (bob@kasa.org).


Immigration and Customs Enforcement (ICE):
Coming to a School Near You?

Wayne Young, General Counsel

Kentucky Association of School Administrators

January 2025

Immigration is an important and serious policy issue in our nation and needs to be treated as such. Rational, fact-driven assessment of the impact of President Trump’s recent executive orders on the subject will serve all of us well.

That is why it is so distressing to scan the prevailing new stories on the topic. If one were to watch or read current news reports, he or she would come away believing that busloads of ICE agents are headed for elementary schools throughout the country, ready to surround them with SWAT teams and detain third graders. These sensationalized stories are more harmful than helpful for school personnel. Without defending or attacking any particular point of view on this emotional and complex issue, let’s all take a deep breath and look at exactly what we are dealing with.

The flashpoint for the discussion of immigration policy in schools has been the rescission of a policy implemented by the Department of Homeland Security (DHS) in 2011. Known generically as the “sensitive locations” policy, it provided that ICE agents would take particular care when conducting enforcement action in certain locations. Those include:

  • Hospitals
  • Funerals and weddings
  • Schools of all levels, preschool through college
  • Places of worship
  • Marches, rallies, parades or other public demonstrations

Enforcement actions were always allowed in these venues. But the actions were limited to special circumstances, including:

  • Pursuing someone who posed an imminent threat, such as a national security risk
  • Immediate pursuit of a felon or person who posed danger to the public
  • Risk of destruction of property

In addition, ICE officers were required to follow these guidelines:

  • Officers must have obtained high-level ICE approval
  • Officers were required to make substantial efforts to avoid alarming the community
  • Officers were required to be discreet and limit their time at the sensitive location

The above restrictions have now been removed, and the need to enter a previously designated “sensitive location” is now left to the discretion of the officers conducting the enforcement activity. In the short term, however, it seems unlikely that schools will see any significant impact from this change.

DHS and ICE have stated that their first priority under the multiple executive orders issued will be to detain and deport known criminals, terrorists, and other dangerous individuals. Certainly, there will be other types of enforcement undertaken, but there are both practical and political dimensions to what comes next. Look for most enforcement to occur in geographic areas that have high concentrations of migrants, sanctuary cities, and other high-profile locations.

That said, it is certainly possible that ICE agents could visit a school as part of an enforcement action. Should that occur, consider the following:

  • ICE agents are law-enforcement agents; they must have a warrant in order to carry out law-enforcement functions such as arrests or searches. They must uphold all constitutional requirements that apply to other law enforcement agencies (due process, search restrictions, etc.) They cannot just show up at school and enter at random.
  • School staff should notify their superintendent (or designee) and building principal immediately. Administrators should invoke the same protocol they would with any other law enforcement agency.
  • Request the name, ID, and/or credentials of each official. Have the official(s) write down their name(s) and the agency they work for.
  • Make copies of ID(s) and/or credentials and any documents they have relevant to the visit (e.g. a subpoena, warrant, court order, etc.)
  • Tell the official(s) that you are required by district protocol to notify and seek guidance from the Superintendent’s office. Tell the official(s) they may wait in the front office.
  • Have your board attorney ready to help respond to any visit that might occur.
  • Do not disclose student information to the official(s) unless specifically directed by a superior to do so.
  • Except in situations involving allegations of child abuse or unless specifically directed by the official(s) not to do so, contact the parents of the student in question to let them know that the official(s) came to school and what actions you took.
  • Revise your district’s LAU plan to include protocol for potential ICE visits, ensuring all provisions and protections for students are in place.

Remember that ICE officials have always been (and still are) permitted to visit schools to:

  • Obtain records, documents, and similar materials from officials or employees
  • Provide notice to officials or employees
  • Serve subpoenas
  • Engage in Student and Exchange Visitor Program (SEVP) compliance and certification visits
  • Guard or secure detainees
  • Participate in official functions or community meetings at sensitive locations.

The reality is that ICE officials will be far more likely to focus their efforts on adults than on children, and they will be looking primarily for adult criminals. School district employees are probably a far more likely target of ICE enforcement action than are students.

Kentucky Association of School Administrators
87 C. Michael Davenport Blvd., Frankfort, KY 40601
(502) 875-3411 • www.kasa.org