Facing possible prosecution, Delaware schools wrestle with how to protect students

Why Should Delaware Care?
Local and state officials may face criminal prosecution for interfering with immigration enforcement as the Trump administration aims to ramp up deportations. Delaware school leaders are grappling with how to best protect the rights of students, and ensure families are aware of actions underway, while under the increased scrutiny. 

Delaware school leaders are wrestling with how to best protect undocumented students amid fortified federal immigration enforcement and the looming threat of potential criminal prosecution. 

The debates come amid the U.S. Justice Department ordering federal prosecutors to investigate state and local officials who interfere with immigration enforcement — exacerbating worries among school officials. Acting Deputy Attorney General Emil Bove suggested that officials obstructing enforcement could be criminally charged, according to the Jan. 21 memo, first obtained by the Associated Press. 

That same day, the Trump administration scrapped guidance that limited immigration enforcement from taking place in “sensitive spaces,” including schools, churches and hospitals. The move reversed Immigration and Customs Enforcement’s (ICE) policy that had been in place since 2011. 

President Donald Trump campaigned on the promise of mass deportations, and in the days since taking office, has ramped up nationwide immigration enforcement and heightened the fear felt in immigrant communities across the First State.

A handful of Delaware school systems have publicly discussed and implemented policies that direct staff on how to engage with officials, if they show up looking for a student. Most policies instruct staff to direct immigration enforcement requests to the superintendent, director or CEO of the school system. 

A public policy projects the school’s commitment to protect students and mitigates families’ fear of coming to school, advocates say. 

Other school leaders have privately communicated with families to relay the school’s internal policy for protecting students if ICE agents arrive — arguing a public policy would target the school for increased enforcement. 

All agree that students and staff should be protected. 

“Our job is to educate children and to protect our families as much as we can,” said Monica Moriak, a Christina School District Board of Education member.

‘Protect our families’

When Trump was first elected in 2017, Margie López Waite considered passing a public resolution about dealing with ICE agents at Las Américas ASPIRA Academy in Newark. 

The dual language Spanish immersion charter school drew a large Latino population, with many students having concerns around their immigration status. López Waite, ASPIRA Delaware’s CEO, decided against a public resolution and instead relied on the internal policy already in place. 

“It’s a matter of whether you’re going to go through the formality of calling it out and saying, ‘This what we’re going to do,’ when, in fact, this is what we already do,” López Waite said. 

The policies implemented by Delaware schools to protect undocumented students from deportation are all largely based on the landmark 1982 Plyer v. Doe U.S. Supreme Court decision, which ruled that states cannot deny public education to children based on their immigration status.

A public resolution would have only put more scrutiny on one of the few Spanish immersion schools in the state with a large Latino population, López Waite added.

“The end result is to protect our families,” López Waite said. “The last thing we want to do is to do something that does the opposite, that basically then targets our families.”

The school recently reaffirmed their internal policy in a letter sent to families. The policy directs any federal, state or local law enforcement requests to be processed through López Waite. 

Schools cannot give government agency officials access to students unless the request and documentation is first processed through the CEO, the policy states. 

“This is not a political statement or position, but rather a position of humanity and compassion,” the letter to families read.  “No student should have to bear the burden of worry and fear regarding their own or their family’s immigration status.”

Trump’s mass deportation threats carry more weight in his second term, when he doesn’t have to worry about re-election, López Waite said. 

The day after the November presidential election, students began saying goodbye to their classmates and teachers because Trump had won, and their parents said they’d probably have to leave, López Waite recounted. 

Las Américas ASPIRA Academy was recently approved to open another charter school in Georgetown, where Trump’s immigration crackdown has fueled rumors and misinformation about ICE activity this past week. 

On Wednesday, Delaware Charter Schools Network (DCSN), a nonprofit charter school advocacy organization, provided guidance to schools about immigration enforcement policies. 

The organization emphasized that families should not have to worry about their child’s safety at school and released a guiding sample policy for schools to follow if law enforcement, whether ICE or not, shows up at school doors. 

“Schools are sacred places. They are not just sensitive environments — they are sacred,” according to a written DCSN statement. “We must protect the sanctity of all schools and ensure that these spaces remain safe and conducive to learning for all students.”

The policy, which was released publicly as a resource for all schools, directs school staff to ensure that ICE agents have a judicial warrant, not just an administrative one, if they’re seeking to enter the school or interview a student. 

The school director will then refer the judicial warrant, which is issued by a court or a judge, to the school’s legal counsel and deny entry until the warrant has been reviewed. 

The student’s parents will also be immediately notified of ICE’s attempt to enter the building.

Public policies send broader message to community

In a more public fashion, two Christina Board of Education members voted to strengthen and clarify vague language in the district’s policy to protect undocumented students, which was first issued during Trump’s first term in 2017, during a Jan. 14 board meeting.   

The board attempted to ceremoniously reaffirm the policy during the meeting, but ultimately decided to revise the policy language and add procedural guidance behind the language, with the help of their legal team. 

“I’d like to see that language strengthened so it is very clear that ICE agents cannot just come in without due process and take a student out,” board member Amy Trauth said during the meeting. 

The policy instructs all school staff to “neither accept the request nor block access,” if an ICE agent arrives at the school, further directing their request to the superintendent. The policy dictates that policies that allow for the release of students to law enforcement are not applicable when the enforcement is only based on immigration status. 

“It’s important for children to be in school; it’s important for our families to know that their children are safe, and it’s the job of the board to articulate that,” school board member Moriak said. 

Similarly, the Red Clay Consolidated School District recently sent a letter to staff members, reaffirming the district’s policy to ensure schools are safe spaces, regardless of immigration status. It instructed employees to protect the privacy of students and to avoid asking about immigration status unless necessary for educational support. 

“We are aware that recent events and headlines regarding schools may be causing anxiety and fear among students, families, and staff across our district related to immigration enforcement,” the letter read. 

“The fear is real, and understandably, it will impact the well-being and ability of many of our students to fully engage in their education.” 

Having a public policy and resolution ensures that school staff know that they’re not supposed to comply with immigration officials if they don’t have a specific warrant, according to Mike Brickner, executive director of the American Civil Liberties Union (ACLU) of Delaware.  

A public showing can have a tangible impact on families and the educational system they take part in, he added. 

“It sends the broader message to the community that we have your back, that we support you,” Brickner said. 

Make Your Voice Heard
Engage in public comment at your next school board meeting, regarding policies being considered. To identify your school district, click here. 

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