With the rise of immigration enforcement under the Trump administration, many students, especially those from immigrant families, are worried about ICE — Immigration and Customs Enforcement. It’s understandable to be concerned. In order to be equipped, it’s important to know your rights—and not just because of the uncertainty around immigration laws, but also because, as students, you have certain protections that help keep you safe.
Here’s what every student should know about their rights.
First things first: every student has the right to an education, regardless of immigration status. This right was confirmed by a Supreme Court ruling in 1982 (Plyler v. Doe), which made it clear that denying education based on immigration status is unconstitutional. That means, whether you’re a U.S. citizen or an undocumented student, no one can turn you away from your education.
ICE is responsible for enforcing immigration laws, and you might have heard about raids or immigration enforcement near schools, especially during the past few years. The good news is ICE cannot just walk into a school and take students without a proper cause.
ICE needs a warrant to arrest anyone at school. Without one, they can’t just barge in. Even if they have a warrant, they can’t arrest you or take you into custody without specific legal procedures. That’s why it’s important that you and your school know what to do if ICE ever tries to come into your school.
It’s crucial to remember that you have rights. Here are a few things to keep in mind: You don’t have to answer any questions. You have the right to remain silent. You don’t have to tell ICE agents your name, your address, or your immigration status if you don’t want to. Ask for a lawyer. If ICE is trying to detain you or your family members, ask for legal representation. You have the right to an attorney.
Schools are required to keep your personal information private. They cannot hand over student records to ICE unless there is a legal reason to do so. That means if ICE comes to your school asking for student information, the school must have a valid reason or a court order (like a warrant) before sharing anything about you.
Schools are also prohibited from asking about students’ immigration status. They can’t ask you if you’re a U.S. citizen or if you have legal status, so there’s no need to worry if they’re asking for information that feels personal. They can’t use that information against you.
If you or someone in your family is undocumented, you might feel more vulnerable, but it’s important to know that the right to education doesn’t change based on immigration status. Even if you are undocumented, you still have the right to go to school.
Whether you’re a U.S. citizen or an immigrant student, your education should always be a priority. Schools are places of safety, and they should be places where every student is treated fairly, regardless of immigration status.
If this is a concern for you or anyone you know, do your own additional research to know what is applicable to your own situation. By knowing your rights, staying informed, and keeping a plan in place, you can help protect yourself and your fellow students.
