Support and Resources for Immigration Enforcement in Maryland Schools

• The U.S. Supreme Court decision Plyler v. Doe (1982) affirms that schools cannot deny students a free public education based on their undocumented or non-citizen status or that of their parents/guardians. This foundational legal precedent ensures access to education for all students, regardless of immigration status.

• All children have a right to equal access to a free public education, regardless of the immigration status of the child or their parent/guardian.

• While schools may require proof of residency within the district, information about citizenship or immigration status is never needed for school enrollment.

• Federal and state laws protect education records and personal information. These laws generally require written consent from parents/guardians before releasing information, unless it is for educational purposes, otherwise authorized by law, or in response to a court order or subpoena.

• Some schools collect and make public “directory information” about students, such as name, address, email address, and phone number. If this is a practice, the local educational agency (LEA) must provide parents or guardians with written notice of its directory information policy and provide the option to refuse the release of their child’s information. The notice must effectively notify parents with a primary or home language other than English.

What types of information require parental consent before a school can disclose it?

Generally, school records that include personally identifiable information (PII) cannot be released without parental consent, unless it is for educational purposes, otherwise authorized by law, or in response to a court order or subpoena. Examples of PII include: a student’s or family member’s name, address, or other information that would make it possible to identify the student with reasonable certainty.

Who can provide or withhold consent to disclose information from a student’s education record?

A parent, guardian, or individual acting as a parent in the absence of a parent or guardian has the right to provide or withhold consent to release a student’s education records. Adults providing daily care and supervision for children whose parents have been detained or deported may meet this definition of parent. LEAs should consult with legal counsel to clarify their consent policies.

Under what circumstances can students manage the disclosure of their education records?

When a student turns 18 years old, the student becomes an “eligible” student and the privacy rights of the parent transfer to the student. The eligible student can consent to disclose records, refuse to disclose records, and access their records without the consent of a parent. The law does not preclude LEAs from providing younger students with rights to manage their education records—as long as the rights given to the non-eligible student do not supersede the parent’s rights. Providing such rights to youth under age 18 may be particularly valuable when youth have become separated from their parents and guardians, such as when a parent is detained or deported. For example, “schools may use their judgment in determining whether an unaccompanied minor is responsible enough to exercise certain privileges, such as inspecting and reviewing education records and providing consent for disclosure.”

Are there exceptions to the consent requirement that allow schools to release student education records to law enforcement officers?

Yes, with limits, if the law enforcement officer provides a valid court order or lawfully issued subpoena. Parent or eligible student consent is not required to comply with a court order or subpoena, but only if the LEA makes a reasonable effort (for example, a telephone call witnessed by a third party, telegram, or registered letter) to notify the parent/guardian or the eligible student of the order or subpoena in advance of compliance so that protective action can be sought. Such efforts are not required if the court order or subpoena itself orders that the document not be disclosed. To ensure full compliance, school staff should not release student records to law enforcement without consulting with the LEA’s designated administrator or legal counsel.

Can schools release directory information about a student?

Directory information is information about students that “would not generally be considered harmful or an invasion of privacy if disclosed.” Typically, directory information includes details such as a student’s name, address, photograph, birth date, and participation in school activities. However, if a student may be undocumented, releasing such information could be harmful or an invasion of privacy. Therefore, schools should exercise caution in releasing directory information.

In addition, LEAs must provide parents with written notice of their directory information policies and the option to refuse release of their child’s information. The notice must effectively notify parents whose primary or home language is not English. Given recent fears related to potential immigration enforcement activity at schools, LEAs should consider sending all parents instructions about how to refuse the release of directory information—even if notice was provided earlier in the school year.

Key Resources:

• Family Educational Rights and Privacy Act (FERPA) and Implementing Regulations (34 CFR Part 99)

• Code of Maryland Regulations (COMAR) on Student Records

• The U.S. Department of Education’s Protecting Student Privacy website

• U.S. Department of Education (February 2019), School Resource Officers, School Law Enforcement Units, and the Family Educational Rights and Privacy Act (FERPA)

Registration Guidelines for Schools

• Local education agencies/schools may not require students or parents to provide their immigration status or Social Security number as a condition of enrollment. Schools are required to adhere to enrollment practices that uphold student rights under federal law.

• State education law entitles children ages five years old and under 21 years old who have not received a high school diploma to attend the public schools in the LEA in which they reside without paying tuition.

• Undocumented children, like U.S. citizen/resident children, have the right to attend school full time, as long as they meet the age and residency requirements established by state law.

• At the time of registration, schools may not ask questions related to a parent or student’s immigration status nor request a Social Security number.

• Although LEAs should collect certain data pursuant to state and/or federal laws, they should do so after a student has enrolled in school so as not to give the impression that information related to immigration status will be used in making enrollment determinations.

Requests from Immigration Authorities or Law Enforcement at a School

• Various laws impose legal duties on the LEA with respect to law enforcement questioning students at school and the confidentiality of student records, including the Family Educational Rights and Privacy Act (FERPA) and the Code of Maryland Regulations (COMAR) 13A.08.02.

• Local school officials should cooperate with law enforcement and federal immigration authorities in accordance with their LEA policies and guidelines and in consultation with their attorneys.

• Upon receipt of a request from immigration officials to access student education records, LEAs should immediately consult with their attorneys to ensure compliance with FERPA and COMAR 13A.08.02 regarding the release of personally identifiable information (PII) in a student’s education records without the consent of the parent or eligible student.

• Before fulfilling a request from federal immigration authorities or law enforcement to enforce immigration laws, LEA employees should immediately contact the local superintendent and school attorneys for legal advice.

• If federal immigration officials or law enforcement enter a school building seeking access to students (for interviews and/or questioning), school personnel should contact the local superintendent immediately for guidance. School personnel should not argue or debate with immigration enforcement officials but should direct them to the local superintendent or designated administrator for further action.

• LEA personnel should immediately notify the student’s parent or guardian if an immigration official or law enforcement officer requests or gains access to a student for immigration-enforcement purposes, unless such access was following a judicial warrant or subpoena that restricts the disclosure of the information to the parent or guardian.

What should LEAs include in the development of local protocols addressing immigration law enforcement requests for school building access?

• Every LEA should establish protocols and procedures that govern how school staff will interact with federal immigration and law enforcement requests for access to school buildings and/or records.

• MSDE recommends that the LEA designate a point of contact in central office leadership, as well as legal counsel, to manage communications associated with the protocol. Be sure to designate back-up support when leads are unavailable.

• Each school should have a designated individual, such as the school principal or a designee, who is assigned to handle all contact with immigration law enforcement at the school level, including the implementation of protocols for contacting central office leadership and legal counsel.

• Each school should have a designated area where the school administrator or designee can meet with the officer. Ideally, this space will minimize student, staff, and family exposure to law enforcement, mitigating unnecessary panic and confusion.

• If an officer comes to the building, the administrator should ask for the officer’s name, identification, and supervisor’s name and number. Record the officer’s badge number, and ask which law enforcement agency the officer represents—such as the local police or Immigration and Customs Enforcement (ICE)—and determine the purpose of the visit.

• If the officer has a warrant, the administrator should ask to see the warrant and make a copy of it.

• The administrator should then contact the designated LEA leadership and legal counsel immediately for guidance. The administrator should inform the officer that they need to consult with LEA counsel and share all information, requests, and documents obtained from the officer with counsel.

• The officer should not enter a space that is not open to the public unless the officer has a warrant signed by a judge. If the officer requests access to a non-public space (e.g., a classroom), the administrator should request to speak with counsel first. If the officer orders the administrator to open the non-public space without consulting LEA counsel, the administrator should comply but inform the officer that they are entering without consent, then immediately contact LEA counsel.

• While the administrator should remain courteous, they should avoid sharing any information and limit continued interaction with the officer until LEA leadership or legal counsel provides further instructions.

• Should there be an encounter on school grounds or an area nearby, the LEA should designate where students will be directed, making every attempt to limit the students’ exposure to enforcement action.

• Following these protocols, it is unlikely that officials will directly approach individual classrooms. However, if an individual teacher or staff member is approached by an officer, the officer should be redirected to the front office to meet with the school’s administrator.

• LEA protocols should be disseminated to all staff in the school building to ensure consistent adherence to the protocol. All staff members should understand who will meet with officials, where officials should be directed for assistance, and who will contact central office leadership and legal counsel if law enforcement arrives at the building or otherwise contacts the school.

What if law enforcement officers insist on immediate access to students or information?

School staff should not argue or debate with law enforcement officials. If the officer presents a judicial warrant for documents, the administrator should ask to speak with counsel before disclosing anything.

Should school staff notify parents, guardians, or students that law enforcement agents inquired about them or their children at school?

Yes. School staff should notify the parents or guardians of the student(s) involved, as well as students who are unaccompanied youth, immediately and in their preferred language. The only exception would be if the local superintendent, counsel, or designated LEA administrator determines that there is a valid court order in place prohibiting the sharing of this information with the parent or guardian. The school administrator should consult with LEA leadership and counsel.

What should school staff do if a student is removed by an Immigration Enforcement Action official?

School staff should request information from the officer regarding where the student is being taken, then notify the parent/guardian and the superintendent or designated LEA administrator immediately. School administrators should appoint one individual to handle this contact to avoid spreading misinformation or inadvertently causing unnecessary alarm.

What should school staff do if law enforcement calls the school for records?

School staff must comply with the privacy requirements of the Family Educational Rights and Privacy Act (FERPA). School staff should not respond to phone inquiries regarding students. LEAs should designate a central office point of contact to whom law enforcement can be directed when requesting records. This individual will be responsible for working with legal counsel to ensure that there is a legitimate basis under FERPA or other state and federal law to disclose the requested records.

How should LEA leadership share the LEA’s law enforcement protocols?

LEA leaders should communicate protocols and strategies to all staff members clearly so that the entire school community feels equipped to address law enforcement inquiries appropriately. Protocols should be made public—for example, by posting them on the LEA website—to reassure families and students.

Given the complex nature of immigration enforcement in schools, LEAs should consult with their legal counsel to ensure local procedures and communications are consistent with state and federal law.

Key Resources:

• American School Counselor Association (March 2024): Equity in Education: Challenges Facing Undocumented Students

• National Association of Secondary School Principals (January 2025): How School Leaders Can Support Immigrant Students and Families

• SchoolHouse Connection (June 2023): Immigrant Students: How Schools Can Help

• Sample LEA Policies:

  • Charles County Public Schools Immigration Supports

  • Montgomery County Public Schools: Immigration Supports for Students and Families and What Happens When Immigration Law Enforcement Officers Come to a School

  • Prince George’s County Public Schools Immigration Resources
    

What is the role of educators in supporting students?

Maryland educators are responsible for creating a welcoming and inclusive school environment where all students, regardless of immigration status, feel safe and supported.

In February 2023, the Harvard Graduate School of Education published Making Schools a Welcoming Place for Immigrants, written by Dr. Elizabeth Ross. Dr. Ross reminds all that when immigrants are attending school in the United States, they may be suffering from trauma based on a variety of reasons. Educators are encouraged to pay attention to school climate.

Some tips shared by Dr. Ross for improving school climate for immigrant students include:

• Do not ignore bullying. Some immigrant students are hyper‐visible and targeted in schools because of what is occurring. Be sure to intervene quickly with restorative justice methods.

• Build strong personalized relationships with students and all members of the school community. Emotionally supportive school environments, where students have a sense of belonging and feel respected and valued, promote engagement, motivation, and achievement. Do not forget the unique socioemotional needs and challenges of children from immigrant families.

• Encourage family engagement. Reach out and listen to all families and use their feedback to shape decisions. Communications need to be culturally relevant and may have to be provided in several languages. Build up trust by working with community liaisons and leaders.

• Include all your students in the curriculum. Incorporate global perspectives and projects that allow students to explore their own languages, cultures, and histories. Decorate spaces with a variety of cultural backgrounds in mind.

• Provide professional learning opportunities to train teachers how to use culturally sustaining practices. Training may also be needed to help educators challenge their own preconceived ideas and assumptions about immigrant families.

What messages should a teacher share if they learn from a student that their parent was detained by immigration authorities?

Teachers can offer emotional support to the student or connect the student with a counselor or trusted staff member for emotional support and provide information on available community resources. Teachers or staff should not ask the student about their immigration status but rather offer general encouragement and remind the student that they are welcome in the school.

Should a law enforcement officer request student records, the officer should be directed to school administration and the administration will contact district legal counsel. No materials or information should be provided without legal authorization.

What are key takeaways for educators?

• Schools must remain safe zones for students. Educators should not inquire about, disclose, or act upon a student’s immigration status.

• Schools must not share student information with federal agencies unless legally required.

• Educators should follow district guidance and legal protocols if law enforcement requests information or access to a school.

• Local superintendents and their legal teams must develop clear response plans to protect students and comply with federal and state laws.

This guidance ensures that all Maryland educators uphold their professional responsibilities in fostering equitable access to education while remaining neutral on personal beliefs regarding immigration.

What can LEAs do to support families in preparing for emergency situations?

Effective communication between families and schools is critical for supporting families during times of uncertainty. When families are worried about adverse immigration action, they may be more inclined to keep students at home and away from the school community. However, schools should be safe places that allow our students to feel connected to the community and ready for learning. Schools can play a key role in assuring families that their students are welcome and safe by ensuring they are well-informed, equipped with resources, and prepared to navigate emergency situations. LEAs may consider taking the following actions:

• Suggest families develop a personal emergency response plan.

  Planning how a family may respond to immigration enforcement action before it happens may help alleviate some of the fear that prevents our students from showing up fully for learning. Consider providing resources that guide families through this planning, such as the “ Preparing Your Family for Immigration Enforcement” guide from the Michigan Immigrant Rights Center or the safety planning information produced by CASA. (Please be aware that resources from other states may have state‐specific information that is only applicable in that jurisdiction.)

• Inform families about “Standby Guardianship”.

  Families may be fearful about what will happen to their child if the parent or guardian is detained. In Maryland, parents may designate a standby guardian. A standby guardian is a person appointed by a parent to take care of the child in specific situations, such as when the parent is subject to an adverse immigration action. Standby guardianship does not affect the custody of a child, and parents do not lose their parental rights by appointing a standby guardian. More information about this process can be found at People’s Law Library of Maryland.

• Provide families with information about their basic rights.

  Providing school communities with “Know Your Rights” information will empower students and families to advocate on their own behalf if faced with potential immigration enforcement activities. Consider sharing resources such as:

  • The Immigrant Legal Resource Center’s (ILRC’s) Red Cards which offer tips for interacting with Immigration and Customs Enforcement (ICE) agents and outline rights under the U.S. Constitution. Schools can share these cards with families and students, electronically or in print. Printable Red Cards are available in multiple languages.

  • The American Civil Liberties Union’s (ACLU’s) “ Know Your Rights: Immigrant Rights Scenarios” equip school staff and families with steps to take during encounters with immigration enforcement.

  • Know Your Rights: A Guide to Your Rights When Interacting with Law Enforcement provides additional information for families regarding their rights.

• Share contact information for a trusted point of contact in the LEA for families who may face language barriers.

  Advocating for oneself is challenging at the best of times, but language access issues can present an additional barrier to reassuring and serving our families. By designating LEA contacts who can work with families experiencing language access issues, schools can minimize confusion and miscommunication during high‐stress situations, particularly when families are dealing with anxiety.

• Communicate messaging and resources to staff members who work closely with vulnerable populations.

  By offering these resources and fostering strong partnerships between schools and families, schools can help ensure families are better prepared, informed, and supported. However, school staff need to be made aware of LEA policies and resources. The information in this memo should be shared with relevant staff, such as Directors of Student Services, Multilingual Learners/Title III Offices, Pupil Personnel Workers, School Counselors, and Community School Coordinators.
  

• Parents/guardians can update their child’s emergency contact information at school, including secondary contacts, to identify a trusted adult who can care for their child if they are detained or deported. They can also identify a “standby guardian” to care for their child if they are detained or deported, by completing this Maryland Judiciary form and providing a copy to schools, health care providers, and family members.

• Families trying to locate someone who has already been detained may use the Immigration and Customs Enforcement (ICE) detainee locator.

• Legal assistance is available from a variety of sources, including immigration lawyers in private practice, accredited representatives (non-attorneys who assist individuals in immigration proceedings), and legal-aid organizations:

  • The People's Law Library of Maryland

  • Immigration Advocates Network

  • Catholic Legal Immigration Network Rapid Response Toolkit

  • USAHello 2025 Immigration Guide

• Families also may wish to contact the consulate or embassy of their country of origin for further information.

For questions about immigrant students’ rights or immigration enforcement in schools, contact your local school system’s office of legal counsel.

How does bias and bullying in schools disproportionately impact immigrant students?

The increased focus on federal immigration policy and enforcement nationwide can significantly affect the climate in schools across Maryland. LEAs should continue to encourage schools to create safe and inclusive learning environments that discourage anti-immigrant sentiments. When anti-immigrant sentiments are prevalent in society, students and staff members may internalize these views, leading to discrimination or bullying of immigrant students based on race, ethnicity, or national origin.

How can bias towards specific student groups be reduced in the classroom?

Educators should be mindful of how discussions about current events and policies may affect students. Creating a balanced and respectful dialogue where all students are included and feel heard can prevent the marginalization of students while encouraging civic engagement.

What strategies can reduce bullying for ALL students in schools?

• Schools can ensure that all students, families, and staff members, including teachers, substitute teachers, school security employees, school resource officers, and others, are aware of LEA bullying prevention policies, guidelines, and disciplinary actions that are widely accessible and shared in a language that all parties can understand.

• Each LEA should have a process for families and students to report alleged incidents of bullying, harassment, or intimidation through the use of the LEA Bullying Reporting Form. This form is also available in Spanish on MSDE’s Bullying Prevention webpage.

• Personal stories can be powerful tools for increasing empathy and understanding. Consider incorporating personal stories into the classroom and professional development, always taking care to respect privacy and never assuming that an individual is willing to discuss their experiences unless confirmed beforehand. Be mindful that personal stories should not be used as representative examples for entire demographic groups, particularly for minoritized students or staff.

• Consider a school-wide bullying prevention campaign that students help plan and put into action.

• Consider designing lessons for students on reporting bullying, harassment, or intimidation and how to support their peers who may be targeted or vulnerable.

Bullying Reporting

• In response to reports of bullying, schools should take prompt action and provide notice to the parents of both the alleged target and the alleged perpetrator. All communications with families should address any language barriers.

• It is important that school administrators conduct thorough investigations of bullying reports and follow up with standard consequences and remedial actions consistent with LEA policies. (Specific guidelines can be found on page 5 of MSDE's Model Policy.)

How can schools use restorative approaches to prevent bullying and to help students heal and learn after a bullying incident has occurred?

• Restorative Approaches are strategies that value healthy relationships and developmental discipline that defines accountability as healing harm rather than receiving punishment, and respect for all members of the learning community. When implemented with fidelity across the school, restorative approaches can help to prevent bullying, as the approach focuses on relationships and reconciliation.

• Through MSDE’s Restorative Collaborative, many LEAs are creating environments that reflect a restorative culture at all levels, demonstrated at each school and at the central offices with activities and language such as collaborative problem-solving, affective statements/questions, empathetic listening, and respect shown to all.

• Provide daily/weekly opportunities for students and staff to participate in talking circles, community-building activities, or other proactive restorative practices that promote relationship-building and community.

• Include restorative interventions in all disciplinary processes to promote personal reflection and accountability for conflict resolution. If students are removed from the classroom or school due to a disciplinary infraction, create a reintegration plan that ensures the student is welcomed back and restored to the community.

• Restorative approaches are most effective when they are embedded into school culture, rather than being utilized as one-time interventions.
  

Key Resources:

• MSDE Bullying Prevention: Comprehensive resources on preventing and addressing bullying in schools.

• Bullying, Harassment, or Intimidation Reporting Form: A form for reporting incidents of bullying, ensuring that concerns are formally documented and addressed.

• Bullying Basics is a Learning for Justice resource focused on teaching tolerance.

• Bullying Basics resource section from Teaching Tolerance provides an overview of the connection between bullying and bias and answers frequently asked questions about school bullying.

• Responding to Hate Crimes and Bullying Related to National Origin or Ethnicity (California Attorney General)

• Empowering Young People in the Aftermath of Hate — an Anti-Defamation League resource available in English and Spanish that provides guidance for educators and families on how to discuss hate crimes, mass shootings, and acts of terrorism with children.

• Stopbullying.gov is a federal website that includes information on bullying and cyberbullying for parents, educators, community members, teens, and children. It is also available in Spanish.

• Sesame Street: Elmo Talks About Bullying—a video from Sesame Street featuring a conversation about bullying between Elmo and actor Chris Colfer.