Amid President Donald Trump’s recent flurry of anti-immigration Executive Orders, Immigration and Customs Enforcement (ICE) has continued detaining undocumented individuals across the country. ICE is “taking all appropriate action [to detain] to the maximum extent authorized by law…until such time as they are removed from the United States” according to one of six of Trump’s executive orders regarding immigration entitled “Securing Our Borders”.
On January 21, the Department of Homeland Security (DHS) released a statement overturning the policy that previously allowed undocumented people to seek refuge in schools, churches, domestic violence shelters and other places they considered “sensitive locations.” DHS first implemented the policy in 2011, and in 2021 the Biden-Harris administration expanded the list of protected locations.
Currently, all sensitive information regarding immigration status is protected under the Family Educational Rights and Privacy Act of 1974 (FERPA). ICE and DHS are prohibited from accessing details regarding one’s immigration status without a court subpoena or warrant.
ICE and DHS are also barred from entering private settings–including schools–without explicit permission from the owner, a warrant or court subpoena.
After DHS’ January 21 statement, Worcester Public Schools’ (WPS) Superintendent Rachel H. Monárrez released a response saying WPS will not ask for or share any student’s immigration status. WPS will remain “steadfast in its commitment to ensuring the safety, well-being, and rights of all our children” in any future interactions with Federal immigration authorities, according to Monárrez.
Superintendent of Schools for the Catholic Diocese of Worcester David Perda repeated the sentiment in a letter to guardians.
“Catholic schools have historically played an important role in helping immigrant populations integrate into American life,” he said. “We can expect that to continue.”
Michael Freeman, Director of the Worcester Public Transportation Authority (WRTA), sent a memo to WPS bus drivers that if any ICE agents are spotted to “NOT let any student off the bus” and to “contact the transportation offices immediately.”
WPS will also provide resources to families in addition to refusing to cooperate with ICE. They will hold multiple sanctioned webinars in collaboration with the Massachusetts Immigrant Refugee and Advocacy Coalition (MIRA) to inform families and loved ones of their rights when interacting with immigration enforcement officers, remain as safe as possible, and avoid detainment. They have recorded presentations in English, Spanish, Haitian Creole, and Portuguese.
WPS will also offer a free Immigration Legal Consultation on March 12 at the Worcester Public Library.
At a January 30 student forum at Clark University, President Fithian responded to a student question regarding ICE’s potential presence in Worcester. Fithian said that Clark would not voluntarily provide ICE with information protected under FERPA. Additionally, he directed students to report ICE agents to the Clark University Police Department (CUPD).
Fithian urged students not to welcome ICE agents into any campus buildings without asking for and being given a valid warrant. He introduced the idea of locking the Goddard Library so that it would not be a public space, therefore barring ICE agents from entering. However, ICE would be legally authorized to enter public campus spaces such as Red Square. He introduced Director of the International Students and Scholars Office Amanda Desai and Director of Student Engagement and Equity Peyton Wu as resources for Clark students.
Additional Resources:
MIRA has a multitude of Know Your Rights (KYR) resources regarding various topics and professions.
The National Education Association (NEA) provides details for advocacy and education. They also encourage citizens to lobby for their local school board to enact a SAFE ZONE resolution.
