Delaware Charter Schools Network Backs Plan to Protect Undocumented Students

Delaware schools address undocumented student safety amid stricter federal immigration policies. The Delaware Charter Schools Network issued guidance emphasizing schools as safe spaces, including warrant verification, legal review, and parental notification. Diverse approaches by schools, like Las Américas ASPIRA Academy and Christina School District, highlight challenges balancing student protection with legal compliance. Federal changes amplify concerns, stressing education's role in safeguarding vulnerable students.

Visa Verge
By Visa Verge - Senior Editor
13 Min Read

Key Takeaways

  • Delaware Charter Schools Network issued January 30, 2025, guidance requiring verification of judicial warrants before allowing ICE agents access.
  • Schools must notify parents immediately if ICE interacts with students and protect student privacy, avoiding unnecessary immigration status questions.
  • Trump administration policies eliminated protections for sensitive spaces like schools; educators now face legal risks for resisting immigration enforcement.

On January 30, 2025, Delaware’s education system took a bold step in addressing the growing concerns of undocumented students and their families who are increasingly vulnerable to federal immigration enforcement. The Delaware Charter Schools Network (DCSN), a nonprofit organization that supports charter schools in the state, issued critical guidance to schools about how to respond to interactions with immigration enforcement agencies like Immigration and Customs Enforcement (ICE) agents. The goal was clear: to safeguard schools as places of learning and ensure they remain safe spaces for all students, regardless of their immigration status.

This guidance reflects the underlying anxiety in communities across Delaware 🇺🇸 and the nation due to recent shifts in federal immigration policy under President Trump’s administration in its second term. By laying out an explicit plan of action, the DCSN hoped to provide educators and school leaders with a framework to navigate delicate situations without compromising their students’ safety or constitutional rights.

Delaware Charter Schools Network Backs Plan to Protect Undocumented Students
Delaware Charter Schools Network Backs Plan to Protect Undocumented Students

What the DCSN Guidance Includes

The DCSN has taken a proactive approach in issuing a written framework for schools to use when dealing with situations involving immigration enforcement visits. The key points outlined in the sample policy include:

  1. Warrant Verification: Staff must verify that ICE agents have a judicial warrant issued by a court before being allowed onto school premises. Administrative warrants, which are commonly issued by ICE but lack judicial approval, are considered insufficient.
  2. Legal Review: School leaders are to refer any presented judicial warrant to their legal counsel for careful review before granting entry to ICE agents. The school must not allow access until their legal team has completed this evaluation.

  3. Parental Notification: If ICE agents make an attempt to enter the school or question a student, the parents or guardians of the student involved must be notified immediately.

  4. Ensuring Student Privacy: Schools are instructed to protect the privacy of their students. This includes avoiding unnecessary questioning about immigration status unless directly related to the student’s educational needs.

Through these measures, the guidance aims to provide clear instructions that empower schools to deal with ICE agents in a lawful and controlled manner while minimizing disruptions to the school and safeguarding students.

The Importance of Safe Environments

The Delaware Charter Schools Network was emphatic that schools must remain places where students feel safe, regardless of their family’s immigration status. “Schools are sacred places. They are not just sensitive environments — they are sacred,” the DCSN emphasized. This reinforces the dual role of schools not only as educational institutions but also as trusted spaces where children develop and grow without fear.

The guidance has brought into focus the delicate balance between ensuring that schools do not obstruct lawful enforcement actions and protecting students and families from unnecessary turmoil caused by misinterpretations of immigration enforcement measures.

Different Responses Across Delaware Schools

Though the guidance from the DCSN provides a standard framework, individual schools and districts in Delaware 🇺🇸 have adopted a range of strategies to address the reality of immigration enforcement on school grounds.

Las Américas ASPIRA Academy

Located in Newark, Las Américas ASPIRA Academy serves a predominantly Latino student population, many of whom have families deeply affected by immigration policies. The school’s CEO, Margie López Waite, opted for an internal policy rather than a publicly issued resolution about how her school handles ICE visits.

She confirmed that her school’s approach was already robust and did not require a public declaration to ensure compliance. By directing all law enforcement requests through her office, López Waite explained that her responsibility was to uphold existing protections by implementing effective procedures quietly without drawing additional scrutiny. Her decision was likely motivated by the need to shield the Spanish immersion school in an immigration-sensitive community from undue attention.

Christina School District

Conversely, the Christina School District, one of Delaware’s largest public school districts, has decided to make public its strengthened policy to protect undocumented students. On January 14, 2025, the district’s board members voted to clarify and expand language in its policy based on guidance from legal advisors.

Previously, the district’s stance was to neither block nor comply immediately with requests from ICE agents, instead directing their actions to the superintendent. Going forward, board members, including Amy Trauth, aim for policy language that unequivocally ensures ICE agents cannot remove a student without due process. According to Trauth, schools must take explicit steps to prevent unwarranted access while remaining within legal bounds.

Red Clay Consolidated School District

Meanwhile, the Red Clay Consolidated School District reassured staff earlier this year through a letter explaining its updated policies. Emphasizing student safety, the district reminded staff not to inquire unnecessarily about immigration status and stressed its commitment to keeping schools places of inclusivity and comfort for all learners. The letter also provided language to ease anxiety among families and safeguard their trust in the district’s leadership.

The push from Delaware schools to safeguard undocumented students needs to be understood within the context of recent federal actions. On January 21, 2025, the U.S. Department of Justice issued a directive instructing federal prosecutors to investigate state and local officials who “interfere” with immigration enforcement measures. Acting Deputy Attorney General Emil Bove announced that officials resisting enforcement might face criminal charges.

Further escalating the situation was President Trump’s removal of previous restrictions on immigration enforcement in “sensitive spaces,” such as schools, churches, and hospitals. This rollback of a 2011 policy created an atmosphere of uncertainty and fear, forcing communities to reassess the boundaries of federal immigration authority.

These sweeping federal shifts hold profound implications for educators, as they could be threatened with legal action or prosecution for defending their undocumented students. This precarious situation arises alongside President Trump’s efforts to deliver campaign promises, including mass deportations. Without the concern of re-election looming, these policies have become even more aggressive during his second term.

Impact on Families and Students

The uncertainty and fear generated by current immigration enforcement policies are tangible for students in Delaware 🇺🇸. At Las Américas ASPIRA Academy, children began bidding farewell to peers and teachers shortly after President Trump’s reelection, fearing deportation was imminent.

Similarly, in Georgetown, Delaware, where ASPIRA plans to build another charter school, rumors fueled anxiety in immigrant communities already grappling with misinformation about ICE activities. Schools, long considered refuges from such fears, now face growing challenges as safety concerns spill over into the classroom.

The Debate Over Public Versus Internal Policies

Among advocates, the debate continues over whether schools should implement public policies or quietly handle immigration matters internally. Mike Brickner, the executive director of the ACLU of Delaware, advocated for transparent public policies. He argued that they offer unequivocal guidelines to staff while signaling to parents and children that the school stands firmly in their corner.

Public actions like resolutions and policy announcements, Brickner noted, can have a profound psychological impact on families. They reinforce a sense of safety and community, even amid politically challenging times.

Concluding Thoughts

In a time of heightened immigration enforcement and growing uncertainty, schools in Delaware have become vital safeguards for immigrant children and families. By issuing detailed guidance, the Delaware Charter Schools Network has provided an essential resource for schools looking to navigate complex legal dynamics while protecting their students.

The contrasting approaches of the Las Américas ASPIRA Academy, Christina School District, and Red Clay Consolidated School District highlight the diverse strategies schools adopt to address federal pressures and local realities. Whether through private protocols or public proclamations, the threading priority remains to ensure that schools can provide the safety and stability that every child deserves.

As federal immigration policy continues to evolve, Delaware schools remain steadfast in their commitment to education and student well-being. The guidance issued by the DCSN serves as a beacon for safeguarding rights in the face of enforcement challenges. For more details on federal immigration guidelines, visit Department of Homeland Security’s Sensitive Locations Policy.

Educators and communities will need to remain vigilant, creative, and unified to uphold the sanctity of schools. In the words of Christina School Board member Monica Moriak, their mission is clear: to “educate children and to protect our families as much as we can,” even amidst challenging times.

Learn Today

Undocumented Students → Students residing in a country without official authorization or legal immigration status.
Judicial Warrant → A warrant issued and approved by a court, allowing specific actions like searches or arrests.
Immigration and Customs Enforcement (ICE) → A U.S. federal agency enforcing immigration laws, including detention and deportation.
Sensitive Locations Policy → Former guidelines limiting immigration enforcement at places like schools, churches, and hospitals to protect community safety.
Due Process → Legal requirement ensuring fair treatment through established rules and principles before depriving individuals of rights.

This Article in a Nutshell

Delaware schools are standing firm to protect undocumented students amidst tightened immigration policies. With guidance from the Delaware Charter Schools Network, schools verify ICE warrants, consult legal counsel, and ensure parental notification. Balancing safety and law, these measures reaffirm schools as safe havens where children can learn and grow, free from fear.
— By VisaVerge.com

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