An Overview of New Jersey Department of Education’s Guidance on School Related State and Federal Requirements Pertaining to Immigrant Students and Families

On Monday, January 20, 2025, the new presidential administration issued a directive revoking the guidelines which limit immigration enforcement actions at sensitive locations, including schools, churches, and hospitals. This change now allows Immigration and Customs Enforcement (ICE) agents to conduct arrests on school grounds.

In light of this directive, the New Jersey Department of Education (“NJDOE”) issued an advisory statement on Wednesday, January 22, 2025, which emphasizes the Department’s commitment to “ensuring that every student regardless of immigration status, national origin, or religion, can attend public school safely.” The advisory further cites the landmark United States Supreme Court case Pyler v. Doe (1982), which ultimately held that public schools are constitutionally obligated to provide all children with access to free public education.

To assist all schools in the State of New Jersey with safeguarding the physical well-being of students, and their fundamental right to be enrolled in school per Pyler, the NJDOE developed this webpage which provides information, guidance, and resources on school protocols for immigration enforcement.  All school leaders, staff members, and community members are encouraged to review the resources and to stay informed with any updates or changes. Below is an overview of the information listed to date:

Judicial Searches, Arrest Warrants, Court Orders

As stated on the NJDOE website, school leaders are advised to honor valid judicial search or arrest warrants, court orders, and subpoenas signed by a judge – pursuant to the law. However, it may be challenging for an untrained person to determine whether the right documents are being presented. As such, school officials should request and obtain a copy of the search or arrest warrant, court order, or subpoena and consult with their attorney before taking any action.

Additionally, the NJDOE urges school districts to develop procedures to assist with the safety of students. Below is an example protocol listed on the NJDOE’s website:

1. If an immigration agent seeks to or enters school grounds in an official capacity, immediately contact the Chief School Administrator.
2. Obtain information from the agent regarding their credentials, the purpose of the access request, and any documentation that authorizes school access.
   1. Inform the agent that absent exigent circumstances, school personnel must first receive direction from the Chief School Administrator. Chief School Administrators are not required to grant access to school premises absent an official judicial search warrant or arrest warrant signed by a judge or exigent circumstances. An administrative immigration warrant is not sufficient to require admittance. For example, an ICE Warrant for Arrest of Alien (Form I-200) is a warrant often used by immigration officers but is not a judicially-issued warrant.
   2. Chief School Administrators should consult district legal counsel to assess the documentation and determine appropriate next steps.
3. If the immigration agent declares the existence of an exigent circumstance and demands immediate access, comply with the request and immediately notify the Chief School Administrator.
4. Schools are not required to provide information about students’ attendance or locations or to make students available on the spot without the opportunity to consult with the Chief School Administrator and/or district legal counsel.

Student Records

With regard to student records, the NJDOE cautions school districts to consult with the district’s Chief School Administrator or designee, before releasing or providing any personally identifiable information (PII) in response to a court order or subpoena. If necessary, school districts should further consult legal counsel to ensure that they are complying with the Family Educational and Privacy Rights Act (“FERPA”).

Plans and Procedures

Next, the NJDOE advises school districts to develop plans and policies addressing the safety and protection of students. Such policies and procedures may be related to the following: supporting undocumented students and their peers prior to and during immigration-related enforcement activity, training staff on security protocols and the rights of students, parents, and staff, including undocumented people, reviewing building access policies, and if necessary, limiting entry points, ensuring support for special needs and multilingual learners, implementing a Continuity of Operations Education Plan, if necessary, to support affected students, and monitoring and responding to the emotional impact on students and staff and offer follow-up interventions.

School districts should also revisit and update school security plans in accordance with N.J.A.C. 6A:16-5.1 and N.J.A.C. 6A:16-1.3.

Closing

Finally, school districts are encouraged to communicate with families and partner with local organizations that may offer legal advice, mental health services, or other forms of support.

The above guidance was shared by the NJDOE on their website. Please visit the Official Site of NJ for more information, and reach out to your school district attorney with any legal questions or concerns.