School-Related State and Federal Requirements Pertaining to Immigrant Students and Families

The New Jersey Department of Education (NJDOE) is unwavering in its commitment to ensuring that every student, regardless of immigration status, national origin, or religion, can attend public school safely. In addition to the many resources designed to protect the health, safety, and welfare of the K-12 school population provided by the Office of School Preparedness & Emergency Planning (OSPEP), the resources below are designed to support school officials, staff, and communities in safeguarding the physical well-being of students and their fundamental right to be enrolled in New Jersey schools.

In addition to the information below, please find further resources on the right hand side of this page. This is a non-exhaustive list and the NJDOE will continue to update the resources as needed.

Consistent with the rule of law, local educational agencies (LEAs) must honor valid judicial search or arrest warrants, court orders, and subpoenas signed by a judge. Because it is difficult for an untrained person to determine whether these are the documents being presented, it is vitally important for school officials to obtain a copy of any judicial search or arrest warrant, court order, or subpoena and present it to your district legal counsel before taking any action in response to immigration officials, including Immigration and Customs Enforcement (ICE) personnel. Protocols should be developed in alignment with the best practices and guidelines designed to protect the safety of all students. Below is an example protocol for when immigration officials approach a school for immigration enforcement activities regarding students.

Physical Access to School Premises.

  • If an immigration agent seeks to or enters school grounds in an official capacity, immediately contact the Chief School Administrator.
  • Obtain information from the agent regarding their credentials, the purpose of the access request, and any documentation that authorizes school access.
    • Inform the agent that absent exigent circumstances, school personnel must first receive direction from the Chief School Administrator. Chief School Administrators are not required to grant access to school premises absent an official judicial search warrant or arrest warrant signed by a judge or exigent circumstances. An administrative immigration warrant is not sufficient to require admittance. For example, an ICE Warrant for Arrest of Alien (Form I-200) is a warrant often used by immigration officers but is not a judicially-issued warrant.
    • Chief School Administrators should consult district legal counsel to assess the documentation and determine appropriate next steps.
  • If the immigration agent declares the existence of an exigent circumstance and demands immediate access, comply with the request and immediately notify the Chief School Administrator.
  • Schools are not required to provide information about students' attendance or locations or to make students available on the spot without the opportunity to consult with the Chief School Administrator and/or district legal counsel.

Access to School Records

  • School staff should consult with the Chief School Administrator or a person designated by the Chief School Administrator before providing any personally identifiable information in order to ensure compliance with federal and state laws.
    • While schools must produce education records in response to a court order or subpoena, state and federal laws protect the privacy of student educational records. Thus, it is important to evaluate the specific court order or subpoena before responding with student educational records.
    • Districts should consider adopting a policy to ensure a consistent process for responding to subpoenas.
  • The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to consent to the disclosure of personally identifiable information from education records, except as provided by law. FERPA requires schools to make a “reasonable effort” to notify parents in advance of disclosing student records so the parent “may seek protective action”. Additionally, State regulation (N.J.A.C. 6A:32-7.6) provides, among additional requirements, parents and students the right to three days' notice of the request.

Student Safety and Well-Being

  • LEAs should ensure they have developed plans and policies to address the safety and protection of students. Plans and policies should include roles and responsibilities of school staff to ensure student protection and safety in scenarios involving non-local law enforcement on school grounds. Consider establishing protocols for:
    • Supporting undocumented students and their peers prior to and during immigration-related enforcement activity,
    • Training staff on security protocols and the rights of students, parents, and staff, including undocumented people,
    • Reviewing building access policies, and if necessary, limiting entry points, 
    • Ensuring support for special needs and multilingual learners,
    • Implementing a Continuity of Operations Education Plan, if necessary, to support affected students, and
    • Monitoring and responding to the emotional impact on students and staff and offer follow-up interventions.
  • LEAs should revisit their School Security Safety Plans are updated to support the above planning and continue to comply with rules governing school safety and security plans (e.g. N.J.A.C. 6A:16-5.1and 16-1.3).
  • Create a protocol for supporting students and families affected by deportation or other immigration-related actions, including by providing immediate emotional support. Ensure clear, sensitive communication with students and staff, and collaborate with community organizations for legal and other resources.

The NJDOE mandates that all LEAs enroll students regardless of immigration status, in line with federal law (Plyler v. Doe) and state regulations (N.J.A.C. 6A:22-3.3). LEAs must create a  welcoming environment and protect students’ rights. Summaries of additional guidance and laws are provided below:

The Civil Rights Act of 1964 prohibits discrimination on the grounds of race, color, or national origin by entities that receive federal financial support. The Title VI regulatory requirements have been interpreted to prohibit denial of equal access to education because of a language minority student's limited proficiency in the English language.

In Plyler v. Doe, 457 U.S. 202 (1982), the United States Supreme Court held that a State may not deny access to a basic public education to any child residing in the State, whether present in the United States legally or otherwise. All students have a right to be in school regardless of immigration documentation and status.

School districts are prohibited from implementing discriminatory enrollment practices, intentionally or unintentionally, that may exclude children from enrolling in public school based upon their immigration status pursuant to state regulations (N.J.A.C. 6A:22-3.3). Additionally, N.J.A.C. 6A:22-3.4 prohibits school districts from making enrollment contingent upon the receipt of information or documents either protected from disclosure by law or pertaining to criteria that are not a legitimate basis for determining eligibility to attend school.

The Family Educational Rights and Privacy Act, FERPA, is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to consent to the disclosure of personally identifiable information from education records, except as provided by law. FERPA applies to schools that receive funds under any program administered by the NJDOE.

The McKinney-Vento Homeless Assistance Act delineates educational rights and support for children and youth experiencing homelessness, including guaranteeing immediate access to a free, appropriate public education. Under federal law, states and local educational agencies (or school districts) are obligated to provide all children – regardless of immigration status – with equal access to public education at the elementary and secondary level. Undocumented students can be eligible for the rights and services under the McKinney-Vento Act if they are experiencing homelessness.

New Jersey Attorney General Law Enforcement Directive No.2018-6, known as the Immigrant Trust Directive and first issued in 2018, limits the type of voluntary assistance that New Jersey law enforcement officers—state, county, and local, including Special Law Enforcement Officers—may provide to federal immigration authorities.

Under the Directive, New Jersey law enforcement officers generally may not stop, question, arrest, search, or detain any individual solely based on actual or suspected citizenship or immigration status or actual or suspected violations of federal civil immigration law. They also may not inquire about the immigration status of any individual, unless doing so is necessary to the ongoing investigation of an indictable offense by that individual, and relevant to the offense under investigation. They generally may not participate in civil immigration enforcement operations.

There are several exceptions and exclusions to the Immigrant Trust Directive. For example, it does not restrict or prohibit New Jersey law enforcement officers from enforcing criminal laws of New Jersey or complying with valid judicial warrants or other court orders.

Please go to the Department of Law & Public Safety information about the Immigrant Trust Directive.

The New Jersey Law Against Discrimination (LAD) prohibits discrimination and bias-based harassment in employment, housing, and places of public accommodation—that is, places open to the public, which include schools—based on national origin, ancestry, nationality, race, and other protected characteristics. The New Jersey Division on Civil Rights (DCR) enforces the LAD. DCR’s services are free to all people regardless of their citizenship or immigration status, and DCR employees do not ask about citizenship or immigration status. For more information on the LAD, visit NJCivilRights.gov.

The NJDOE encourages school communities to continually improve their systems of support to ensure all students feel welcome and to best prepare for any circumstance that threatens the safety of its students. Therefore, the NJDOE has provided considerations below to help school communities collaboratively design systems of support and prepare for and mitigate any threats to student safety.

Security

  • Do you have policies/procedures for communicating with immigration agents (e.g., ICE)?  Are all staff knowledgeable about these policies/procedures?
  • Does your front office staff know what a judicial search or arrest warrant looks like?
  • Are all staff aware of the school premises building access and visitor policy? 
  • Are all staff aware of FERPA regulations and state regulations (N.J.A.C. 6A:22-3.3) in regard to sharing student information?
  • Does your LEA have robust data privacy and security measures to protect the sensitive information of all students?
  • Are all staff trained in data privacy best practices?
  • Are students’ emergency contact and school pickup information up-to-date? 
  • Have protocols related to school discipline and truancy been reviewed to minimize student encounters with law enforcement and the judicial system?
  • Are there safe walking routes protocols in place for walking districts?

Communication

  • Are district resources available in multiple languages so they are accessible to all families? (Resource: Translation Services by County)
  • Have you identified staff members who can act as liaisons between the LEA and immigrant communities?
  • Do school staff know what to do if a media outlet reaches out to educators?
  • Have families been engaged and informed of their rights related to immigration and how schools intend to ensure the security and safety of their students?
  • Are students aware of their rights regarding recording encounters?

Families

Community

  • Have you done any outreach to immigrant communities to inform them of available community resources related to immigration rights?
  • Have you partnered with local organizations that offer legal advice, mental health services, and other forms of support, and facilitated connections between these organizations and families in need?

Well-Being

Supporting students affected by deportation and related trauma requires a thoughtful approach to address the emotional, social, and academic challenges they may face. Establishing a positive and inclusive school environment is crucial to fostering resilience.

Below is a list of resources focused on preparing for and responding to trauma caused by deportation, as well as general trauma support resources for schools:

  • NJDOE Trauma-Informed/Trauma-Sensitive Practices
    Offers guidance and tools for schools to implement trauma-informed/trauma sensitive practices, creating supportive learning environments for all students, and including those impacted by deportation or other traumatic events.
  • Teaching Tolerance: Supporting Immigrant and Undocumented Students
    Provides strategies and tools for educators to support undocumented students and those from immigrant families, including addressing trauma, creating a safe, welcoming environment and informing students and families of their rights.
  • Trauma-Sensitive Schools Training Package (National Center on Safe Supportive Learning Environments)
    Offers school and district administrators and staff a framework and roadmap for adopting a trauma-sensitive approach school- or district wide. The Training Package includes a variety of resources for educating school staff about trauma and trauma-sensitive practices and for providing school leaders with a step-by-step process for implementing a universal, trauma-informed approach using package materials.
  • Supporting Immigrant Families and Students
    Developed by the National Education Association (NEA), this website includes resources for educators on understanding the impacts of immigration enforcement and existing immigration policies.
  • Guiding Caregivers: How to Talk to a Child about Deportation or Separation
    Offers guidance on how to talk with children about deportation or separation. This fact sheets guides family members, caregivers, as well as providers, on how to speak to children about these issues including, if it is appropriate to talk to children at all about such things and how to use analogies to explain the idea of deportation and separation.
  • The Trauma and Learning Policy Initiative (TLPI)
    Ensures that all students, including those impacted by trauma, succeed at their highest levels in school and in life. We define trauma to include harms stemming from individual adverse experiences as well as from structural inequities like racism.

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