U.S. Immigration Law Changes

Understanding the recent changes in U.S. immigration law is crucial for educational institutions, international students, and families. Whether you’re an international student, a school administrator, or a family seeking clarity on new rules, this page is designed to provide you with essential information on how immigration law changes affect schools and educational pathways.

Why Emergency Contact Information Matters

One of the most important things that schools and early childhood programs can do to support immigrant families is to help keep accurate emergency contact records. There are several scenarios in which educators may need to use emergency contact information, including:

  • A situation with a child
  • An emergency at the school
  • School delays, closures, or early releases

Q: What access does Immigration and Customs Enforcement (ICE) have in schools?

A: Governing law prohibits immigration enforcement officers from accessing non-public areas of schools, including classrooms and hallways, without a judicial warrant issued by a federal district or magistrate judge, based on a finding of probable cause. Further, Rhode Island law requires schools to implement safety protocols to ensure that only authorized individuals are permitted access to non-public areas of the school. Accordingly, schools may prohibit all unauthorized visitors, including federal law enforcement officers without a judicial warrant or court order, from entering non-public school areas, except in the event of a genuine public safety emergency.

Q: What happens if Immigration and Customs Enforcement (ICE) is at my School?

A: Warrants and Subpoenas:

  • ICE administrative warrants do not by themselves authorize immigration officials to access non-public areas of a school or to search school records. Such administrative warrants cannot compel school personnel to assist with the apprehension of a person identified in an administrative warrant. Additionally, such administrative warrants are not sufficient to mandate disclosure of student information that is otherwise protected by state and federal law.
  • Notice to Appear (NTA) is a document that seeks to start formal removal proceedings against an individual before an immigration court. An NTA does not require school employees to take any action or grant an immigration enforcement officer any special power to induce cooperation.
  • Administrative subpoenas are not court orders and do not require immediate compliance. School policies should require personnel to immediately alert administrators about the service of an administrative subpoena to allow for consultation with legal counsel and notification of parents/guardians.
  • Federal court warrants are issued by district court judges and magistrate judges based on a finding of probable cause. When presented with a facially valid federal court warrant, school personnel must comply with the requests of federal immigration authorities as set out in the warrant.  They should, whenever feasible, notify the Chief School Administrator and/or their legal counsel to verify the terms and requirements of the warrant.

School officials should always act in a manner that promotes the safety and security of their students and school personnel.  School officials should not interfere or obstruct law enforcement officials in the lawful exercise of their authority.  Should federal immigration authorities seek to carry out enforcement actions on school grounds, they must do so in conformance with the requirements of the Fourth Amendment and other federal and state laws.

Q: Can ICE access student information?

A: Students are entitled to enroll in public school in Rhode Island regardless of their immigration status or the status of their parents, and schools may not discriminate based on national origin or immigration status. Schools are generally not required under federal or state law to collect citizenship or immigration status information as this information is irrelevant to the enrollment process.

The federal Family Educational Rights and Privacy Act (FERPA) and the Rhode Island Educational Records Bill of Rights generally prohibit disclosure of student educational records and instead provide limited access for specific purposes. Schools should have written policies and procedures for gathering and handling confidential student information. Schools cannot disclose information to third parties, including federal immigration authorities, unless doing so is authorized by FERPA which generally requires a court order, judicial warrant, or valid subpoena to make such a disclosure. If a school receives a request for information from ICE, they should review the request with legal counsel to ensure compliance with federal law.

What Should Students and Parents Do Next?

Stay Informed: Immigration laws and regulations are frequently changing.

  • Regularly check the immigration office for updates.
  • Identify a local nonprofit organization that can help you find out who
    in your community provides free legal support services (e.g., immigration advocates,
    legal aid organizations, churches or worker centers).

Plan Ahead: Be sure to prepare all necessary documentation well in advance, especially if you’re applying for a visa or renewing your student status.

Seek Professional Advice: If you are uncertain about how the changes may affect you, contact an immigration lawyer or a qualified school advisor who can offer tailored guidance.

Disclaimer: The information provided on this page is for general informational purposes only and is not intended as legal advice. For specific legal guidance, please consult an immigration attorney.