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The Denver school board unanimously adopted a policy Thursday that aims to protect students from immigration enforcement at public schools and school-sponsored events.
The policy says Denver Public Schools’ superintendent should:
- Not give any federal immigration enforcement agency access to property, records, or videos without a valid judicial warrant.
- Not allow any student to be questioned, detained, or removed from school custody by federal immigration enforcement agents without a valid judicial warrant and prior approval from DPS’ attorney.
- Safeguard the rights of students to have a parent or guardian present if they are searched, interviewed, or interrogated by federal immigration enforcement agents.
- Not collect or disclose information about the immigration status of students or families unless it is required by a court order or by state or federal law.
- Not allow school resource officers, who are Denver police officers assigned to schools, “to consult, communicate, or share student or family information” with federal immigration enforcement agents.
- Provide “appropriate resources” to students and families who may be navigating potential immigration threats.
- Ensure employees are trained to fulfill their responsibilities under the policy.
- Ensure the policy is prominently posted for staff, students, and families to see.
The policy underwent several revisions from when it was proposed by board President Xóchitl Gaytán in February. The idea came from Latino community groups who were feeling a sense of urgency as immigration enforcement actions ramped up around the country.
“Immigrant students, and students who are related to immigrants, are scared and not coming to school,” North High School student Lidia Lopez told the board last month.
Board members on Thursday thanked the community groups for their advocacy, especially students involved with a longtime Denver group called Movimiento Poder.
“You need to stay on us, because this is how change gets done,” board member DJ Torres said.
The first draft of the policy contained several prohibitions that were already on the district’s books. Some board members thought other proposed prohibitions went too far.
Through several rounds of revisions, board members removed a controversial clause that would have prohibited school resource officers from ticketing or arresting a student if doing so would put that student at risk of deportation.
The school board doesn’t supervise school resource officers, and the officers likely wouldn’t know a student’s immigration status, district officials said. DPS already has a written agreement with the Denver Police Department that prohibits school resource officers from getting involved in routine school discipline matters, and board policy says the officers should avoid ticketing or arresting students unless there are no alternatives.
The board also removed from the proposed policy a clause that would have protected students from immigration enforcement action at school bus stops. DPS has many bus stops all over the city, and district officials said enforcing such a protection would have been near impossible.
The board also removed a clause that would have prohibited DPS from collecting information about its employees’ immigration status. Officials said the district is required to collect that information about employees who are in the United States on work visas.
The policy is meant to apply to both district-run and charter schools. Charter schools are independently run by nonprofit organizations that contract with DPS to run schools in the district.
DPS has long been vocal in its support of immigrant students. The district sued the Trump administration last year to try to reinstate a policy that treated schools as sensitive locations that were generally off limits to immigration enforcement. DPS dropped its lawsuit after a judge found there was little practical difference between that policy and Trump administration guidance for agents to use discretion “and a healthy dose of common sense.”
The policy approved Thursday is an amendment to an existing student conduct policy called Executive Limitation 10. Executive limitations are rules for the superintendent.
Melanie Asmar is the bureau chief for Chalkbeat Colorado. Contact Melanie at masmar@chalkbeat.org.
