Monarch Butterfyl

GUIDELINES FOR SCHOOLS & CAMPUSES TO PROTECT STUDENTS

Many have reached out for guidance around how to serve our immigrant student community. Below we provide some guidelines.*

EDUCATIONAL RIGHTS & PROTECTIONS

Constitutional Right to Education

  • All students, regardless of immigration status, have a fundamental right to public education (Plyler v. Doe)
  • Schools cannot discriminate based on real or perceived national origin, citizenship, or immigration status
  • Title VI of the Civil Rights Act protects equal access to education

Privacy Safeguards

  • The Family Educational Rights and Privacy Act (FERPA) protects student records
  • Schools cannot share personally identifiable information without parental consent or a valid judicial warrant
  • Educational institutions must verify legal authority before releasing any student information

Current Policy Context

  • As of January 2025, schools are no longer designated as “protected areas” by DHS
  • Fourth Amendment protections against unreasonable searches remain in place
  • Schools must maintain student privacy while complying with valid judicial warrants

Institutional Responsibilities

  • Schools should develop clear protocols for potential immigration enforcement encounters
  • Staff training on rights and procedures is essential
  • Designated administrators should handle law enforcement interactions

Supporting Wellbeing

  • Actively work to cultivate inclusive, safe learning environments that foster belonging
  • Provide mental health support and resources
  • Partner with community organizations and legal services
  • Maintain (or develop) hybrid participation options for school events

*NOTE: For specific legal guidance or immigration matters, please consult with immigration attorneys or legal service providers.*

For more information, see — Guidance Regarding K-12 Schools’ Obligation to Protect Students and Their Information

IF YOU ARE AN UNDOCUSCHOLAR

Know Your Rights:

  • Right to remain silent (Fifth Amendment)
  • Protection from unreasonable searches (Fourth Amendment)
  • Right to education regardless of immigration status
  • Right to privacy of educational records (FERPA)
  • Right to legal representation

Key Actions:

  • Carry “Know Your Rights” card
  • Never provide false information
  • Do not run from enforcement officers
  • Request to speak with an attorney if detained
  • Keep copies of all important documents
  • Stay informed about current policies
  • Connect with support networks and legal resources
  • Develop a preparedness plan

*NOTE: This information is for educational purposes only and should not be considered legal advice. For specific legal guidance, please consult with an immigration attorney.* Harvard students should reach out to the Harvard Immigration & Refugee Clinic

FOR MORE INFORMATION VISIT—My Undocumented Life

IF YOU SERVE UNDOCUSCHOLARS

Understand the Following:

  • The distinction between public and private spaces: While public areas of schools, colleges, and universities (such as lobbies, parking lots, and bus stops) are freely accessible, private areas (like classrooms and offices) require a valid judicial warrant for immigration enforcement access
  • A valid judicial (not administrative) warrant is required to access private areas
  • Schools must verify legal authority before releasing any information
  • FERPA protects all student records regardless of immigration status
  • Parental consent is required before sharing any student information (for students under the age of 18)

Best Practices:

  • Don’t ask directly about immigration status
  • Maintain confidentiality of student information around disclosures
  • Signal allyship by displaying a butterfly logo in your office or class a space
  • Develop clear protocols for potential enforcement encounters
  • Document all law enforcement interactions

FOR MORE INFORMATION ON HOW FACULTY & STAFF CAN SUPPORT UNDOCUSCHOLARS