State officials issued guidance recently to school districts regarding the crackdown by federal immigration agents but precisely what some of them will do is not clear. Several have focused on laws and policies that ensure student safety and privacy.

Others said that their school boards will be taking up the matter in the coming days.

The state letter, which came from the education department, and the offices of the attorney general and governor, cited state law and court rulings, while recommending several steps, such as making sure school directories did not reveal such information about immigration status,including place of birth, nationality, or passport information.

It reminds districts that Federal and state law, primarily the Family Education and Privacy Rights Act of 1974 (FERPA), generally prevent the disclosure of personally identifiable information without parental consent.

In particular, the state letter said, “As an initial matter, we reaffirm SED’s (state education department)  longstanding position that law enforcement officers may not remove a student from school property or interrogate a student without the consent of the student’s parent or person in parental relation, except in the limited circumstances explained below.34 Moreover, New York State Executive Order 170.1 provides that civil arrests by federal immigration authorities may only be executed within state facilities, such as schools, when accompanied by a judicial warrant or order authorizing the custody unless the civil arrest is related to a proceeding within the facility.”

It also reminded districts that school resource officers, who are Suffolk County police assigned to protect schools, “cannot detain or interrogate students to determne their immigration status.”

A notice sent Friday to her school community by Huntington school superintendent Beth McCoy said, ” I want to reaffirm our commitment to ensuring all students feel safe, included and supported in achieving their educational goals, including students from immigrant families, who are a valued part of our community.” She cited the state letter, noting that it “emphasizes safeguarding all students’ rights.”

The McCoy letter read:

Dear Huntington Parents, Guardians and Staff,

I hope this message finds you and your family well. I want to reaffirm our commitment to ensuring all students feel safe, included and supported in achieving their educational goals, including students from immigrant families, who are a valued part of our community.

Recent guidance from NYS Governor Kathy Hochul, NYS Attorney General Letitia James, and NYSED Commissioner Betty A. Rosa, emphasizes safeguarding all students’ rights. The full guidance document can be found here.   I have included highlights below regarding practices and procedures currently in place in the Huntington Union Free School District:

• Access to Education: Every child aged 5–21 in New York State has the legal right to a free public education, regardless of immigration status (Plyler v. Doe).
• Inclusive Enrollment: We maintain welcoming enrollment processes, allowing various documents to establish residency, while following applicable law and regulations.
• Student Privacy: We prioritize privacy and do not share personal information, including immigration status, without consent, unless a legal exception applies (FERPA).
• Safe Environments: Our schools are safe spaces where discrimination, bullying, and harassment are not tolerated (DASA).
• Family Support: We offer resources such as language assistance, counseling, and community engagement to help students thrive.

Please know that in our schools every student should feel valued, respected, and supported. We recognize the unique challenges that some of our families may be facing and are here to help. If you have any questions or need assistance, we encourage you to contact your child’s teacher, building support staff, or administration.

Thank you for your continued trust and partnership in making our schools a welcoming place for all.

Other districts did not respond directly to questions about what would happen if ICE agents attempted to enter schools or take students into custody on school property, or have stood by statements about maintaining student safety.

With reports that immigration agents have been assigned daily quotas of ...s, immigrant organizations and their allies have been issuing their own guidance, reminding immigrants and others of their rights and distinuguishing between legal documents that can be used in immigration cases, such as administrative vs judicial warrants.

Some districts and local officials have begun acting to inform their students’ families about their rights.

RiverheadLocal, an online newspaper, reported that Riverhead police  said they “will not get involved in immigration enforcement” while the school district said it would stand by state guidance and ““immigration enforcement actions cannot occur on school grounds without proper legal documentation.”

“The Riverhead School District will always stand in defiance of any initiative, regardless of its source, that threatens the safety and well-being of any of our students,” school leaders wrote.

Read the following:

New York State Guidance on Safeguarding the Rights of Immigrant Stu...