As Donald Trump prepares for a potential second term, educational institutions from colleges to K-12 schools are proactively working to protect undocumented students against possible shifts in immigration policy that could affect their academic futures.

Last week, university officials from across the nation held a virtual meeting with immigration advocates to strategize on how to handle the incoming administration’s policies regarding the approximately 400,000 undocumented students in higher education.

Trump has famously promised mass deportations should he win a second term, even indicating his willingness to deport mixed-status families, where some members have legal residency and others do not, during a December interview. He stated, “The only way you don’t break up the family is you keep them together, and you have to send them all back.”

This alarming rhetoric has raised concerns about the safeguarding of student data and the process of applying for financial aid. It has also ignited a broader discussion on where immigration enforcement should take place. The anxiety felt by mixed-status families is heightened after they faced significant challenges in securing financial assistance for college amidst a crisis in the federal financial aid system.

Miriam Feldblum, head of the Presidents’ Alliance on Higher Education and Immigration, highlighted in last Wednesday’s meeting that colleges are now more prepared for the future than they were in 2017, when Trump first took office.

“Higher education is in a different space now,” she shared. “We’re better equipped to respond effectively and quickly.”

The Trump transition team has not commented on this issue, despite requests for input from YSL News.

Enforcement Protocols

A significant concern for colleges is that Trump may intend to eliminate a long-standing directive prohibiting federal agents from conducting immigration enforcement in “sensitive locations” like schools and places of worship.

This policy, established in a 2011 memorandum by John Morton from the Obama administration’s U.S. Immigration and Customs Enforcement (ICE), remained during Trump’s first term, although many noted an increased law enforcement presence near schools. Dan Berger, an immigration scholar at Cornell Law School, recounted how ICE agents were observed waiting outside school areas during that time.

“What we noticed during the previous Trump administration was ICE agents waiting after school drop-off times,” he remarked last week. “The sensitive locations memo was observed, but not consistently.”

Berger and other advocates emphasized the importance of schools reviewing applicable federal laws and clarifying their policies in the upcoming weeks. He advised schools to appoint a dedicated staff member, such as someone from public safety or legal counsel, to manage interactions with law enforcement.

“That office should be activated to assess documents presented by law enforcement and facilitate discussions,” he suggested.

Safeguarding Student Information

Concerns related to mixed-status families have also emerged recently concerning federal financial aid, especially regarding the data families must input on online applications.

The Free Application for Federal Student Aid (FAFSA) is utilized by millions seeking financial support for college. While the information on this application is supposed to be confidential and used solely for financial aid purposes, many families worry that the Trump administration could misuse this information for immigration enforcement purposes.

Earlier this week, a senior official from Biden’s Education Department met with college staff and advocates to talk about assisting mixed-status families in completing the FAFSA and ensuring their sensitive information remains protected.

The Family Educational Rights and Privacy Act (FERPA) provides the primary legal framework for safeguarding student information by prohibiting most disclosures of personally identifiable information.

Ignacia Rodriguez, an attorney with the National Immigration Law Center, mentioned that as federal agencies might reinterpret laws, state and local regulations will be increasingly significant going forward. She recommended that officials in states with supportive attorney generals push for guidance on these matters.

“An incoming administration might not adhere to existing protocols,” she cautioned college staff. “Therefore, there can be no guarantees.”

School Districts Commit to Non-Participation in Immigration Enforcement

Following Trump’s election in 2016, many school districts declared their intent to protect students by adopting “safe zone” resolutions, according to the National Education Association.

With his potential return to office, these districts are beginning to implement similar measures again.

For example, a governing board of an elementary school district in Phoenix passed a policy in December which prohibits immigration enforcement activities on school grounds “without a valid warrant or legal order,” and mandates no inquiries into the immigration status of students or their families. Additionally, it calls for training staff on FERPA and on how to respond to law enforcement inquiries.

Anna Lynn Abeytia, president of the Cartwright Elementary School District’s board, was motivated by Trump’s promises of mass deportations when adopting this policy. The policy was also created in response to Arizona voters passing a ballot proposition in November allowing state and local law enforcement to arrest unauthorized migrants crossing the Arizona-Mexico border. However, enforcement of this provision is currently on hold pending federal court deliberations on a similar Texas law.

Abeytia expressed concern about potential drops in attendance and enrollment in light of increased immigration enforcement threats, stating, “Families are deeply concerned.”

In November, the Los Angeles Unified School District’s Board of Education renewed its own “safe zone” resolution established in 2016, which prohibits personnel from participating in immigration enforcement actions willingly. The updated 2024 version tasked the district’s superintendent with developing a plan for implementing this policy, and it also launched initiatives to train staff on how to handle requests from immigration officials.

Los Angeles Unified is preparing training sessions for staff and organizing “Know Your Rights” seminars for families, as per district representative Britt Vaughan.

Following the November elections, California Governor Gavin Newsom advised school leaders that state schools must not ask for Social Security numbers or inquire about the immigration status of students or their families. California’s attorney general, Rob Bonta, has also issued guidance to K-12 schools regarding protections for immigrant students.

Since February 2017, Los Angeles Unified has maintained a reference guide for staff containing clear instructions on how to respond to inquiries from ICE agents or other federal immigration officials, according to Vaughan.

During Trump’s first term, he noted, immigration officials did not conduct direct visits to schools within the district.

“It was more common for families to be frightened by rumors of immigration officials visiting their homes, causing them to avoid public spaces, including sending their children to school,” Vaughan noted.

Zachary Schermele is an education reporter. Follow him on X at @ZachSchermele.

Madeleine Parrish is a K-12 education reporter at the Arizona Republic. You can contact her via email at mparrish@arizonarepublic.com.