(WAVY) — The Department of Homeland Security has removed a policy that restricted immigration enforcement in schools, churches and other sensitive locations, a move raising concerns among educators and immigrant communities.
The policy change, issued by Acting DHS Secretary Benjamine Huffman Jan. 21, reverses a 2021 directive under the Biden administration that designated places such as schools, hospitals and domestic violence shelters as off-limits for Immigration and Customs Enforcement operations. With the new directive under President Trump’s administration, ICE agents are no longer restricted from conducting enforcement actions in these spaces.
A DHS memo states that “this action empowers the brave men and women in CBP and ICE to enforce our immigration laws and catch criminal aliens — including murders and rapists — who have illegally come into our country. Criminals will no longer be able to hide in America’s schools and churches to avoid arrest. The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense.“
10 On Your Side reached out to the spokespersons of the school divisions of the seven Hampton Roads cities.
Virginia Beach Public Schools: “We do not have any comment on this matter at this time.”
Chesapeake Public Schools: “CPS is committed to ensuring a safe and welcoming environment for all students, regardless of their immigration status. In light of ongoing concerns related to U.S. immigration policy and enforcement, we want to reassure our community that our protocols and procedures remain unchanged and are designed to prioritize the safety and well-being of all students. Our policies require that any external agency, including ICE, must provide proper legal documentation and await CPS approval before accessing school property. This documentation will be reviewed by school administration before access is granted. No individual or agency is permitted unrestricted access to our buildings without following these procedures. We also strictly follow state and federal laws to protect student privacy and do not share confidential information without appropriate legal justification. At this time, we are not aware of any ICE enforcement actions at our schools. However, we remain vigilant in upholding policies that protect the rights and safety of our students and staff.”
Portsmouth Public Schools: “I can share that if any ICE agents come to a school, they must present a valid judicial warrant. The warrant will be reviewed by central administration to ensure that the search is legally justified on school grounds before agents would be granted further access to any school building.”
Hampton Public Schools: “This announcement has not impacted our existing practices and protocols. The school division will continue to uphold state and federal laws, as well as adhere to Hampton City Schools School Board policies.”
Suffolk Public Schools: “As these policies evolve, it is important for our families to know that, under the law, agents must have a judicial warrant to conduct enforcement activities in our schools. Our priority remains the safety and well-being of every student, and we take seriously our responsibility to ensure that our schools remain places of learning, not fear.”
Norfolk Public Schools: Reached out for comment.
Newport News Public schools: “Newport News Public Schools will not release a statement at this time.”
Educators say the policy shift could have significant consequences for schools and students, particularly those from immigrant families.
“I’ve had conversations with other educators across the state, across the country, and just thinking of me as an educator, I’m willing to risk it all for my students,” said Dr. James Fedderman, an educator in Accomack County and the former president of the Virginia Education Association. “I’m willing to put everything on the line because when I went to college to become a teacher, my degree didn’t say I could teach a certain kind of kid. My degree said I could teach children. And these children, regardless of their immigration status, they are our children. They are our tomorrow.”
“I don’t want immigration officials going into churches and schools without any constraints,” said Sen. Mark Warner. “I think it’s bad policy. … This, again, is not what I think people hired Mr. Trump to do. Undocumented folks have broken major laws – that’s one category. Going into people’s churches and schools, I think is beyond their line.”
10 On Your Side has reached out to ICE in Norfolk for comment on how this policy will be enforced locally, but we have not yet received a response.
While the federal policy has changed, the National Immigration Law Center notes that schools still have some discretion in how they respond. Many school divisions require ICE agents to present a judicial warrant before being allowed inside.