Michigan immigrant rights advocates gear up to combat Trump’s ICE policies

Michigan is already seeing attendance issues at schools after the Trump administration repealed long-standing rules barring immigration agents from making immigration-related arrests at schools and churches last month, Elly Jordan, an attorney for the Michigan Immigrant Rights Center (MIRC), said on a Wednesday media call with education professionals and immigrant rights advocates.

No one should be afraid to go to school, Jordan and other advocates said, but the reality is kids and their families in Michigan are scared to separate from their families during the school day.

In addition to promises to spread out Immigration and Customs Enforcement (ICE) agents across the country to local communities that have protective policies in place for immigrant residents, the Trump administration in January eliminated protections from migrant arrests in “sensitive” areas such as schools, churches and hospitals.

“We know that the simple act of rescinding the sensitive locations policy, regardless of whether immigration enforcement actions are actually carried out in such locations, creates a chilling effect, so much that even some U.S. citizen children are afraid to go to school and participate in sports after school activities and nutritional programs that promote their well-being,” Jordan said. 

Although they are not identifying any geographic areas of concern for safety reasons, Jordan said MIRC has heard from clients and communities across the state who are reporting that families are afraid to send their kids to school. Jordan added that in the days following the Trump order revoking protection for schools as sensitive areas, one Michigan school reported that only half their students attended classes.

When kids go to school, the biggest problem they should have is to worry about is how they’ll do on their math test, not that immigration agents will show up to take them away from their family, said Miriam Aukerman, senior staff attorney for the ACLU of Michigan.

When announcing the policy change, Acting Department of Homeland Security Secretary Benjamine Huffman said the revocation of exemption would help agencies like Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) enforcement better keep law and order in the U.S.

“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,” Huffman said. “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.”

But kids are legally entitled to an education under the U.S. Constitution and the Michigan Constitution, regardless of immigration status, Aukerman said. In fact, schools have a legal responsibility to respect students’ rights and protect their confidential information.

Aukerman and others said there’s so much on the line for Michigan families who want the best for their children. For members of the education community who share that concern, there are things they can do.

As schools navigate what to do if immigration agents come to their schools, the ACLU of Michigan and MIRC sent a letter at the end of January outlining what school employees and families can do to protect students in Michigan schools.

One of the first steps the letter recommends is school districts create plans and procedures in consultation with legal counsel to prepare for immigration enforcement officials showing up in the vicinity of schools, bus stops and school functions. 

The letter also argues that administrative warrants, which ICE commonly utilizes, do not allow ICE the authority to enter non-public property at schools. Schools are advised to consult legal resources to address any requests for access agents may ask for and to only narrowly provide information and access that is required by law.

And ultimately as the new administration creates policies and orders that create fear, Aukerman said it’s crucial to remember that there is power and safety in sticking together and looking out for one another.

“These are not our values. Targeting kids and families is un-American,” Aukerman said. “Many people have asked me, ‘What can we do in this moment?’ Here’s one thing anyone in any community in Michigan can do right now: Go to your school board and ask them to adopt the best practices in this letter, because that’s what Michigan kids deserve.”