The Kansas State Department of Education issued recommendations that school districts follow state and federal laws requiring delivery of education to children without documentation to legally reside in the United States following repeal of U.S. Department of Homeland Security policy that limited immigration enforcement actions on school property. (Tim Carpenter/Kansas Reflector)
TOPEKA — The Kansas State Department of Education advised school districts to follow laws protecting students’ constitutional rights in wake of the U.S. Department of Homeland Security’s reversal of a policy forbidding immigration authorities from entering school property to make arrests.
KSDE’s advice came as President Donald Trump rescinded guidelines created in 2021 limiting enforcement actions by Immigration and Customs Enforcement and the Customs and Border Protection in or near “sensitive” areas, which included schools, health care facilities and places of worship.
The new Homeland Security policy repealed a directive from President Joe Biden creating protected areas in terms of immigration enforcement operations where “children gather, disaster or emergency relief sites, and social services establishments.”
Denise Kahler, director of communications for the state Department of Education, said on Thursday that KSDE was aware of concerns raised by the federal policy shift. She said Tuesday’s executive branch action didn’t change state or federal law or escalate Homeland Security’s authority.
“We believe the best thing schools can provide to their respective communities is an assurance that they will continue to comply with all state and federal laws protecting student information and student safety. We also suggest schools update emergency contact information for all families,” Kahler said.
KSDE operates under the landmark 1982 decision of the U.S. Supreme Court in Plyler v. Doe, which found states couldn’t deny public education to children lacking documentation to legally reside in the United States. The federal case established that denying education to these children violated the equal protection clause of the U.S. Constitution’s 14th Amendment.
The Kansas Legislative Research Department reported that KSDE didn’t gather data on immigration status of students in Kansas schools. However, the 2019 American Community Survey indicated 1.6% of children, or 8,000 students, in Kansas schools were without residency documents.
Kahler said the state Department of Education recommended school districts confirm emergency contact information for families of enrolled students. School personnel should follow state and federal laws and local district’s board-approved policies regarding investigations or arrests on school grounds, she said.
In addition, she said, individual districts should issue a reminder that no student information would be shared without parental consent or a lawfully issued court order. She said the state Department of Education likewise wouldn’t disclose student data without a warrant or subpoena.
“To that end, we remind school personnel that their ultimate responsibility is the education and protection of all students. All students have a constitutionally protected right to receive an education,” Kahler said.
Impact of the Homeland Security policy change on ICE and CBP also led to uncertainty as to how Kansas hospitals and clinics would operate under the Trump administration edict.
The University of Kansas Health System, which is based in Kansas City, Kansas, said it wasn’t certain of the full implications of the federal agency’s directives.
“The University of Kansas Health System is working to better understand all of the recently enacted executive orders signed by President Trump and the impacts each of them has on the delivery of health care services to our communities and on our organization as an employer and community resource,” the statement said.
In Washington on Tuesday, Acting Homeland Security Secretary Benjamine Huffman said the agency’s directives were designed to end the “invasion of the U.S. southern border and empower law enforcement to protect Americans.”
“Criminals will no longer be able to hide in America’s schools and churches to avoid arrest,” a DHS spokesperson said in a statement. “The Trump administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense.”
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