The Minnesota Attorney General's Office has issued new guidance for schools in the state regarding their legal obligations in relation to federal immigration enforcement. This guidance clarifies that schools must continue to provide education to all students, irrespective of their immigration status, and are not required to enforce federal programs or policies.
According to the guidance, Minnesota schools are mandated by both state and federal law to ensure equal access to education for all students, regardless of factors such as race, color, creed, religion, national origin, sex, marital status, public assistance status, disability, or immigration status. Schools are advised to review their policies to prevent any denial or discouragement of access based on immigration status.
The document also references the Tenth Amendment of the U.S. Constitution and established precedents from federal courts that prevent the federal government from forcing state or local officials to administer federal programs. This principle remains unchanged despite recent shifts in federal immigration policy.
Additionally, the guidance reviews privacy protections under laws like the Family Educational Rights and Privacy Act (FERPA) and the Minnesota Government Data Practices Act. These laws require schools to protect student records' privacy while allowing limited sharing of "directory information" under specific conditions. However, personal contact information cannot be designated as directory information under Minnesota law.
Schools are generally required to comply with judicial warrants but not administrative warrants from agencies like ICE. The guidance suggests appointing a district employee as a liaison with legal counsel for handling requests from immigration enforcement officers.
In cases where law enforcement seeks access to a student, districts should notify parents unless restricted by a judicial warrant or subpoena and consult with legal counsel before proceeding.
The guidance encourages districts to proactively establish clear policies regarding responses to federal immigration enforcement on school grounds. This includes training staff on rights and responsibilities and communicating these policies effectively with parents and staff.
The full guidance is available through the Minnesota Attorney General’s Office website.