Posted February 2025

Many parents and guardians are feeling scared by recent news about changes to the laws about immigration officials in schools and you may have concerns about sending your children to school. This message is to help you have accurate information about your student's rights to an education and about what schools can and cannot do. Something that has not changed is that your child’s school district has a legal obligation to provide them with a free and appropriate public education, no matter their immigration status (or yours), and KIDSLegal is here to answer any questions about you and your student’s rights in school. 

We know you have many questions about immigration enforcement in schools, especially after recent executive orders. The orders say the federal government will not stop ICE from entering schools. But, this does not mean schools are always required to let ICE in or share information about students with ICE. 

Schools in Maine are making plans about what to do if immigration officials arrive at school. Many school districts have sent out a letter explaining their plan, their obligations, and your rights. If you have not heard from your child’s school about the school’s plan, you can reach out to a trusted staff member and ask that a plan be created and shared with parents and guardians.  

While each school district may have its own plan for these situations, there are a few basic guidelines that you can expect school administrators to follow:  

  1. Immigration and Customs Enforcement (ICE) must have a valid warrant, signed by a judge. Without one, they will not be allowed to enter classrooms or other areas of the school, with the possible exception of the main office. There are other types of “warrants” that are not signed by a judge, but those will not allow ICE into a Maine school.  
  2. Student information and school records are protected by federal law. Information about students’ native language or immigration status cannot be shared without a valid warrant signed by a judge. This applies to any school staff, including School Resource Officers (SROs). Any other types of school information like report cards, class schedule, or athletic information cannot be shared without a parent’s signed consent.  
  3. If a parent is detained by immigration officials, the school will contact the student’s emergency contact to make a plan to care for the child. If no emergency contact is listed, the Department of Health and Human Services will be contacted. 
  4. If a student is detained by immigration officials their parents or guardians will be contacted immediately, most of the time. Sometimes ICE gets permission from a judge to not contact the student’s parents.  If you are concerned that ICE has detained your child, you can reach out to trusted school staff members and other families in your community who may have more information about events at school. We also recommend contacting an immigration attorney immediately.   
  5. Your child’s school district has a legal obligation to provide them with a free and appropriate public education, no matter their immigration status (or yours). This includes providing appropriate accommodations as required by your family’s home language or services and accommodations based on your child’s disability.  

We understand that these changes can be very scary and the information you are hearing seems to change every week. We are here to answer any questions about you and your student’s rights in school. For help, contact Pine Tree Legal Assistance.