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Indiana Attorney General Todd Rokita is threatening legal action against Indianapolis Public Schools if it doesn’t cooperate with federal immigration authorities.
In a letter Wednesday to the school district’s attorney, Rokita argued that the district’s commitment to limit Immigration and Customs Enforcement officials’ access to schools and school records “cannot be squared with state law and must be changed.”
“Unquestionably, school grounds may be the site of important immigration enforcement activity,” Rokita wrote. “Criminal gang members who are in the United States illegally have in some cases enrolled in public schools.”
The threat from the state comes at a time when schools are scurrying to respond to new immigration enforcement policies from President Donald Trump’s second administration. In January, the administration rescinded a previous policy that restricted immigration arrests at “sensitive” locations, such as schools.
Trump also issued an executive order allowing state law enforcement officials to perform the functions of immigration officers.
Indiana Gov. Mike Braun followed with an executive order days later, directing Indiana law enforcement agencies to “fully cooperate” with Trump’s order and federal immigration authorities. (Braun later clarified that he would not direct Indiana law enforcement to enter schools because Trump’s executive order did not mention schools specifically, according to WFYI).
Rokita also sent a similar letter to the Indianapolis Metropolitan Police Department.
In a statement, IPS said the district will comply with all local, state, and federal laws as required.
“During a time that has created anxiety and concern for many in our community, we also remain vigorously committed to fostering a safe, inclusive, and welcoming environment for all of our students,” the district said.
Public schools are required to educate students regardless of their immigration status, a right solidified in the 1982 Supreme Court case Plyler v. Doe. IPS officials, overseeing a diverse district that includes immigrant students from a variety of countries, including Honduras, Nicaragua, Mexico, and Guatemala, have sought to reassure members of the community about their commitment to that federal guarantee.
Amid a crackdown on illegal immigration at the federal level, IPS also launched a webpage to provide support for undocumented students and families.
The site says that ICE agents cannot enter district schools without a judicial warrant, and that IPS staff are trained to handle such situations. It also says that the district strictly adheres to privacy laws involving student information, including the federal Family Educational Rights and Privacy Act.
IPS also sent an email to staff last month reiterating its commitment to undocumented students.
“Our schools will not permit immigration enforcement actions on school grounds without proper legal documentation, and we will not ask about or share information regarding immigration status,” the email said.
In his letter to IPS, Rokita relied mostly on state laws and federal court cases to back his argument that school and district officials are obligated to cooperate with federal law enforcement officials.
Rokita cited state law that forbids government entities from restricting the enforcement of federal immigration laws. And federal law, he argued, allows ICE agents to apprehend people with an administrative warrant, the type of warrant issued by ICE.
“IPS’s refusal to cooperate with ICE unless ICE presents a judicial warrant is thus not consistent with state law,” Rokita said.
Citing parts of previous federal court cases, he also argued that ICE officials can enter school grounds with the consent of public school officials, even without a judicial warrant — and that school officials can assist with searches and seizures on school grounds.
State law also prohibits government agencies from adopting policies that restrict the sharing of information of citizenship or immigration status with federal officials, Rokita said in his letter.
While the federal FERPA rules protect educational records of students, Rokita argued that it does permit the disclosure of student directory information that could be related to a student’s immigration status. (Schools can disclose such information, which can include name, address, telephone number, and place of birth, without consent — as long as they provide families an opportunity to request that such information not be disclosed).
Allowing federal authorities to access school grounds may be necessary to preserve school safety, Rokita said.
“Additionally, ICE may also require access to school grounds in certain instances to reunite a parent with a child where, for example, the parent is scheduled for deportation and ICE seeks to ensure that the parent and child are deported as a family unit,” the letter stated.
This story was updated to include a statement from IPS.
Reporter Aleksandra Appleton contributed to this story.
Amelia Pak-Harvey covers Indianapolis and Lawrence Township schools for Chalkbeat Indiana. Contact Amelia at apak-harvey@chalkbeat.org.
