Attorney General Peter F. Neronha and the Rhode Island Department of Education (RIDE) have issued guidance to school officials on protecting the rights of students in Rhode Island schools, irrespective of their nationality or immigration status. This move comes in response to recent changes in federal immigration enforcement policies, which have raised concerns about the potential presence of federal law enforcement, including Immigration and Customs Enforcement (ICE), at schools.
Although it remains uncertain whether federal authorities will target Rhode Island schools, the guidance aims to help schools, teachers, and administrators safeguard student rights. Attorney General Neronha stated, "Working with our local state and federal partners, this Office has and will continue to aggressively investigate and prosecute violent offenders, whether those offenders are U.S. citizens, non-citizen lawful residents, or offenders that are here unlawfully."
He further emphasized that while immigration enforcement is a federal responsibility, his office will cooperate with federal immigration authorities as necessary under state and federal law. Neronha added that although "federal immigration officials have signaled that they no longer view schools as off-limits for even routine enforcement actions," Rhode Island children must be able to access education without fear or interruption.
Commissioner Angélica Infante-Green highlighted the importance of providing safe learning environments: "Providing all students access to safe and welcoming learning environments is essential for empowering them to excel academically and beyond the classroom." She reiterated Rhode Island's commitment to quality education for all students.
The guidance clarifies legal restrictions on immigration officers accessing non-public school areas without a judicial warrant. Schools are advised not to allow unauthorized individuals into non-public areas unless there is a genuine public safety emergency. Additionally, schools are reminded not to collect citizenship information from students during enrollment.
Schools should also adhere to the Family Educational Rights and Privacy Act (FERPA) regulations regarding student records confidentiality. Disclosure of information to third parties requires compliance with FERPA guidelines.
In situations where ICE requests information or attempts enforcement on school grounds, school officials are urged to consult legal counsel and ensure actions align with Fourth Amendment requirements.
The Office of the Attorney General and RIDE pledge continued collaboration with public schools and law enforcement partners to uphold these principles.
Questions regarding this guidance can be directed to the Office of the Attorney General at 401-274-4400.