The ACLU of New Jersey, Education Law Center, and New Jersey Consortium for Immigrant Children have issued a letter to all school districts in New Jersey. The letter outlines the legal rights of immigrant students and offers guidance to schools on fulfilling their legal obligations while ensuring that all students feel welcome.
This communication follows the Trump administration's decision to rescind the "sensitive locations" policy previously observed by U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). The previous policy advised against enforcement actions at places such as schools, places of worship, and hospitals. The current ICE and CBP policy now allows officers to conduct immigration enforcement operations near schools, playgrounds, bus stops, and other surrounding areas.
Amol Sinha, Executive Director of ACLU-NJ, stated: “No agency directive can override the U.S. Constitution. Public school administrators have the duty to educate all students, and the power and responsibility under the U.S. Constitution and state law to protect the rights of their students. New Jersey schools have an obligation to ensure that all students feel welcome, regardless of immigration status, and no matter who is in the White House.”
The letter emphasizes that federal laws like Title IV of the Civil Rights Act of 1964 prohibit discrimination in public education based on race, color, or national origin. It also highlights protections under New Jersey’s Constitution, Administrative Code, and Law Against Discrimination that safeguard access to education regardless of immigration status.
Priscilla Monico Marín from the New Jersey Consortium for Immigrant Children remarked: "All children have the right to an education free of discrimination and fear, regardless of immigration status. With the federal administration's increased threats to target immigrant children and families...educators should know their rights...In a time of great uncertainty...this letter intends to provide guidance."
The document suggests measures for school districts to protect student rights concerning privacy, unreasonable searches and seizures, and self-incrimination.
Robert Kim from Education Law Center commented: “We know that educators care deeply about the students entrusted to them during the school day. This letter provides useful resources for educators...By protecting critical constitutional rights...schools can...focus on ensuring all students have the opportunity to thrive.”
