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President Donald Trump’s campaign included many policies to restrict immigration and increase the number of arrests and deportations by Immigration and Customs Enforcement (ICE) across the country.
On Trump’s first day in office, he signed 48 presidential actions, several of which have major implications for immigration. During his first week in office, Trump also authorized ICE to perform arrests in churches, schools, and hospitals, rolling back a policy enacted in 2011.
In light of such rapidly changing policies, many schools and educators are concerned about what these changes mean for their students.
“We know that there is fear and uncertainty for many immigrant students and families as we begin 2025,” UndocCarolina said in a recent email newsletter. “As educators, we are called to learn together, listen patiently, and go the extra mile for those impacted by undocumentation whenever we are able to do so.”
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Under current federal law, immigrant children without legal status have the right to a public education. In addition, most public schools in the United States do not currently track or keep record of the immigration status of students.
However, following Trump’s changes, it is now possible that ICE will establish a presence in and conduct raids at schools, or arrest students or family members there.
Below you can find an overview of the actions the Trump administration has taken that could impact immigrant students, resources for schools and teachers looking to support their students, and an early look at how North Carolina school districts are responding.
The presidential actions
Several of the actions Trump signed on his first day in office would impact immigrant students, families, and schools:
Here is where you can find all of the presidential actions in reverse chronological order.
Already, Trump’s action challenging birthright citizenship has been temporarily blocked by a federal judge. During the first hearing in a multi-state order to challenge the order, the judge called the action “blatantly unconstitutional.”
Trump’s order drew immediate legal challenges, with at least five lawsuits being brought by 22 states, including including North Carolina. Here is a statement from N.C. Attorney General Jeff Jackson and the complaint.
“The Constitution leaves no room for executive reinterpretation on this matter–it is clear, settled, and binding,” Jackson said. “This order seeks to undermine that clarity, creating legal uncertainty and denying fundamental rights to children born in this country.”
The 14th Amendment to the U.S. Constitution says, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Trump’s action says, “the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not ‘subject to the jurisdiction thereof.’”
The presidential action describes application in the following circumstances:
- If a “person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth,” and
- “When that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”
Finally, the Trump administration’s Department of Homeland Security also ended the practice of ICE agents avoiding “sensitive” areas for enforcement actions, including elementary and secondary schools, colleges, hospitals, and churches.
Resources
Some Republicans, including Trump, have said that immigrants without legal status are overwhelming school systems. However, recent research has shown that these new students instead bring fiscal and academic benefits to school systems, according to a report by K-12 Dive.
In 2023-24, North Carolina traditional public schools served 1,358,003 students. In 2023, North Carolina public school students spoke at least 389 different languages, according to the N.C. Department of Public Instruction.
According to a 2017 policy brief by Duke Law School, approximately 55,000 of North Carolina’s public school students are immigrants. In North Carolina, school districts cannot currently collect information related to a student’s immigration status, meaning that figure includes both students with and without legal status.
There are approximately 325,000 people without legal status in North Carolina, according to the Office and State Budget and Management and reported by WUNC. Per the WUNC Article, “The vast majority are Hispanic and have worked in the agriculture, construction, and service industries for years, establishing families and strong communities.”
What can schools and educators do to respond to these major policy changes?
Engage partner support
In 2019, the Center for Educational Improvement (CEI) published a guide for how educators can support students before and after an ICE raid. Their first recommendation? Building relationships and partnerships with groups already doing the work.
Before a raid occurs, create partnerships with Hispanic community leaders, churches, and organizations. Try to understand what they are doing to protect their community, what they need, and if your school can help. Some schools have implemented an immigration point of contact to reach out to vulnerable families in times of crisis.
2019 guide from the Center for Educational Improvement
This WUNC article highlights the efforts of several Latino organizations, including Respuesta Rápida de Durham, Raleigh-based Comité Acción Popular, Carolina Migrant Network in Charlotte, and Siembra NC across several different counties. Many of these groups are working to increase the spread of communication with Latino residents.
Prepare for worst-case scenarios
The CEI said schools should prepare staff for the possibility of needing to inform students that their parent or guardian has been arrested. Staff should know where to inform students, and what procedures are in place to support students after that point.
School administrative teams should also create a plan with school counselors, psychologists, and social workers on how to respond, CEI said.
Finally, the guide said administrators should work to inform staff of their rights to prepare them for a potential ICE raid, which requires districts to give legal guidance to schools. This 2021 guide from the Southern Poverty Law Center includes information on the legal framework protecting the rights of immigrant students to enroll in public schools, along with more advocacy resources.
In North Carolina, current legal guidance to school districts says that ICE officers must be denied access to students or student records unless they have a court order or warrant. If an officer does have a warrant, the guidance says a school administrator should verify the officer’s credentials and review the warrant. Then school administrators must attempt to contact parents and remain with the student during any interviews.
Educate students and families
Schools can also ensure students and families know their rights. This Guidance for Schools from the Immigrant Legal Resource Center gives a great overview.
“Immigrant families will keep their children home from school if they fear an immigration raid or other enforcement activity could take place there. Reassure parents that the school has policies in place to protect children and families,” the Immigrant Legal Resource Center’s guide says. “Make sure that school staff know that ICE does not have a right to enter the parts of your school that aren’t open to the public or access private student records without a warrant signed by a judge.”
You can find ACLU’s information on immigrant rights when talking to ICE and police here, in English, Spanish, Arabic, and other languages.
Provide long-term support
Schools and educators should also work to provide emotional and mental health support for students, CEI said.
“Children who have seen family members, neighbors, and community leaders detained by ICE demonstrate visible signs of trauma,” the CEI guide says. “… As educators, we can be the one kind, caring adult a child needs to buffer against the adverse effects of the toxic stress that they are experiencing. Take a second to offer your students a hug, an ear, and a safe space.”
Multiple statewide resources also say that schools should consider trauma-informed practices to better support students and professional development to staff to respond appropriately to childhood traumas, including being able to recognize the signs of trauma.
Latinx Therapy is an online resource that provides a therapist locator, resources, and an educational podcast. The American Psychiatric Association also published a stress and trauma toolkit “for Treating Undocumented Immigrants in a Changing Political and Social Environment.”
Finally, CEI said districts and schools should create plans to support students whose parents or guardians may suddenly be in detention by connecting them to social services, immigrant rights organizations, extended families, and other community resources. Schools should also create a plan for how to keep in touch with students impacted by raids.
“Students affected by raids often don’t come to school,” the CEI guide says. “Schools need to be ready to accommodate prolonged absences from these students. Reach out to families to offer support, but be understanding about the inability for students to come to school during this time of crisis.”
For more resources, check out this guide for K-14 educators created by UndocuCarolina and LatinxEd. You can also check out Inside Higher Ed’s article on supporting noncitizen students in higher education.
Organizations to know
- LatinxEd, which aims to to invest in Latinx leadership to advance educational equity and opportunity in North Carolina.
- UndocuCarolina, a collaboration of the Carolina Latinx Center, LatinxEd, and students, faculty, staff and community members, working to increase visibility, support, and resources “for members of the Carolina community living with the effects of undocumentation.”
- Enlace Latino NC, a digital independent nonprofit news organization, and the first digital media in Spanish that covers politics, government, immigration, and community affairs in North Carolina.
- Carolina Migrant Network, which aims to build and sustain services for people targeted by the Department of Homeland Security and Immigration, including pro-bono legal representation.
- El Pueblo, a Latine immigrant rights organization in North Carolina. Check out their Spanish-language guide on immigrant rights, Familias Seguras. Guia de emergencia para inmigrantes (Safe Families. An Emergency Guide for Immigrants).
- Informed Immigrant, a national organization working to meet the needs of the immigrant community. Check out their guide on how educators can support students without legal status.
What are districts doing?
Four of the state’s largest school districts — Wake, Charlotte-Mecklenburg, Winston Salem/Forsyth, and Durham Public Schools — have already started to create guidance in the event an ICE raid takes place on campus.
Asheville City Schools, which serves nearly 4,000 students, also recently sent a letter to parents emphasizing a commitment to providing a supportive environment for all students.
North Carolina’s largest school district, the Wake County Public School System is also promising to support families of students without legal status, according to a report by the News & Observer, and is telling principals they may deny access to ICE agents unless they have a warrant.
Charlotte-Mecklenburg Schools (CMS) is discussing the possibility of advocating for students without legal status.
“It’s critical that we educate the community about the rights and protections that exist for undocumented students,” board of education member Liz Monterrey Duvall told The Charlotte Observer. “I’m a daughter of immigrants, and I understand the deeply ingrained fear that folks may have, so it’s really important that we equip them with the education.”
The CMS board’s intergovernmental relations committee was set to meet virtually Friday, Jan. 24, but the meeting was cancelled and rescheduled for Saturday, Feb. 1 at 8:30 a.m. Monterrey Duvall, who is on the committee, told the Observer that protection for students without legal status is something she proposed for the board’s legislative agenda.
“The Board needs additional time to prepare for its legislative agenda discussion,” the CMS board said in a Facebook post.
As of November 2024, here is CMS’ current guide on educational rights for immigrants, along with legal guidance for how to respond to ICE raids or questions.
The guide says that “private information regarding students and staff should always be transmitted and stored securely to protect individual privacy and comply with state and federal laws,” including a student’s name, their parents’ names, address, and migrant status, among other things.
The CMS guide also says the principals should deny ICE officers access to students or their records “without a court order or warrant.”
The legal team of Winston-Salem/Forsyth County Schools also recently sent guidance to principals on how to proceed if immigration officials come to schools, according to a report by the Winston-Salem Journal.
On Tuesday night, Durham Public Schools (DPS) sent an email update to DPS families regarding the new Trump administration policies. The email included information about student safety and privacy, the educational rights of students without legal status, and the school system’s desire to “serve as a safe space for every student.”
“We understand that recent changes in federal immigration enforcement may create uncertainty and fear for DPS families, staff, and neighbors across our community. As we work extremely hard to quickly learn more, we want to provide assurances about what hasn’t changed,” the email said.
“Durham Public Schools will continue to provide every student, regardless of background, with a quality education in an inclusive, welcoming, and supportive environment. This is the right of each and every DPS scholar in our schools,” the email continued. “We will also maintain and follow school safety protocols, district policies, as well as state and federal laws that protect the rights, safety, and dignity of each scholar.”
Behind the Story
The following is a note on language in this article. EdNC follows the AP Stylebook, which advises the following when reporting on immigration:
Political rhetoric and high passion are a large part of discussions and debate about migration and immigration worldwide. Language that is both neutral and accurate is essential in news coverage.
Avoid imagery conjuring war or natural disaster such as onslaught, tidal wave, flood, inundation, invasion, army, march, sneak and stealth. Instead, use numbers and facts.
Except in direct quotations essential to the story, use illegal only to refer to an action, not a person: illegal immigration, but not illegal immigrant.
Do not use the terms alien, unauthorized immigrant, irregular migrant, an illegal, illegals or undocumented (except when quoting people or government documents that use these terms). Many immigrants have some sort of documents, but not the necessary ones.
With this guidance in mind, EdNC uses the terms “immigrants” and “immigrants without legal status” throughout the article. Any other language is only included in direct quotes.
