Del. legislation addresses concerns about ICE showing up at schools

Delaware school districts are being urged to take steps to protect student safety and data privacy, amid uncertainty over immigration.

The State Senate has given final approval to House Concurrent Resolution 20 to encourage schools and districts to adopt and implement clear policies regarding immigration enforcement, emphasizing the importance of student safety and data privacy. Additionally, the Delaware Department of Education is asked to develop model policies. The Department in February issued guidance for districts and charter schools regarding protection of immigrant students.

"Our public education system is built on the principle that every student regardless of background deserves a safe and secure, welcoming learning environment," State Senator Marie Pinkney, D- Bear, New Castle said. "This resolution reaffirms our commitment to ensuring that schools remain places of trust where students and families can focus on education without fear or uncertainty."

“Our students and educators deserve to live without the fear of threats to their education and safety. As the representative of one of the most diverse districts in the State, there is no room for uncertainty when our community members come to us asking for guidance,” Representative Josué Ortega, D-Wilmington added.

HCR 20 included these recommended policy guidelines:

-A requirement that all requests from civil immigration enforcement be referred to the superintendent or charter leader.

-A requirement that in the absence of exigent circumstances a judicial warrant is required for immigration authorities to access school premises.

-A prohibition on school staff asking about or sharing information with non-school personnel regarding a student or student’s family members’ immigration status. A student may voluntarily share information about immigration status. School personnel may share immigration-related information with non-school personnel with written permission from a student’s parent or guardian.

The measure was drafted with the Delaware Attorney General's office and has been supported by the Delaware Department of Education and the Delaware State Education Association.

“All students, families and educators deserve to know their rights and responsibilities well before the first immigration enforcement agent shows up at our public schools,” DSEA President Stephanie Ingram said.