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