Children and Schools Grapple with Renewed Fears Amid Stricter Immigration Enforcement

adminFebruary 8, 2025Last Updated: March 8, 2025

0 7 5 minutes read

The recent changes in immigration enforcement programs have led to jacked fears among children of emigrants and their families, particularly in academy settings. These enterprises stem from the cancellation of long- standing restrictions that preliminarily averted Immigration and Customs Enforcement( ICE) agents from conducting raids in sensitive areas similar as seminaries and churches. The Trump administration’s decision to lift these proscriptions has created a climate of anxiety, indeed though it remains unclear whether factual raids have passed in seminaries.

U.S. Immigrations and Customs (ICE) Homeland Security Investigations (HSI) agents walks a handcuffed immigrant at a Home Depot parking lot in Tucson, Arizona

Policy Changes and Their Implications

Under the Trump administration, ICE is now permitted to make arrests in sensitive areas like schools, provided they have a warrant. This policy shift was justified by the Department of Homeland Security (DHS) as a necessary measure to prevent criminals from using schools and churches as safe havens. However, this change has sparked widespread fear among immigrant communities, particularly because schools are traditionally considered safe spaces for children.

The Biden administration also saw an increase in immigration enforcement activities. In fiscal year 2023 alone, ICE conducted 170,590 administrative arrests—a 19.5% increase over the previous year and more than any year during Trump’s first term. This demonstrates that heightened immigration enforcement is not limited to one administration but reflects broader trends in U.S. immigration policy.

Impact on Children and Schools

The psychological impact on children is profound. Many students live with constant anxiety about the potential deportation of themselves or their family members. According to educators like Denise Sheehan, who works near the U.S.-Mexico border, this fear manifests in various ways:

Absenteeism: Some students stop attending school altogether due to fears of encountering ICE agents or returning home to find their family members missing.
Decreased Engagement: Teachers report difficulties keeping students focused on schoolwork when they are preoccupied with worries about deportation.
Emotional Distress: Children often ask questions like “Am I going home to an empty house?” or “Will my family be here tomorrow?” These concerns highlight their lack of understanding about complex legal issues but underscore their deep-seated fears.

Routine events such as lockdown drills or sirens can exacerbate these anxieties, making it challenging for children to feel safe and secure in their learning environments.

Broader Social and Developmental Consequences

The threat of immigration enforcement extends beyond immediate emotional distress. It can lead to long-term developmental challenges for affected children:

Mental Health Issues: Chronic stress and anxiety can contribute to conditions such as depression and post-traumatic stress disorder (PTSD).
Academic Performance: Fear-driven absenteeism and disengagement can result in lower academic achievement, limiting future opportunities for affected students.
Parental Disengagement: Parents may become less involved in their children’s education due to fears of interacting with authorities at schools.

These consequences not only affect individual children but also disrupt school environments as a whole.

Legal Perspectives and Advocacy Efforts

Legal experts emphasize that schools are not public spaces open for unrestricted access by law enforcement agencies like ICE. Nicholas Espíritu, legal director of the National Immigration Law Center, argues that maintaining restricted access is essential for ensuring children’s safety and allowing them to focus on learning without fear.

Organizations such as the National Education Association (NEA) have called on educators to familiarize themselves with both student rights and their own rights under current laws. The NEA warns that mass immigration enforcement could harm school environments by increasing absences, reducing student achievement, and discouraging parental involvement.

Can a non-immigrant child attend school in the US?

Yes, a non-immigrant child can attend school in the United States, but the specific circumstances and requirements depend on their visa type and immigration status. Below is a detailed explanation of how this works:

1. Rights of Non-Immigrant Children to Access Education

Non-immigrant children, like all children in the U.S., have access to public primary and secondary education (grades K-12). The U.S. Supreme Court decision in Plyler v. Doe (1982) established that all children, regardless of their immigration status, have the right to attend public schools without discrimination. This ruling applies primarily to undocumented children but also ensures that non-immigrant children are not excluded from public education based on their visa or residency status.

Non-immigrant children typically enter the U.S. with temporary visas (e.g., tourist visas, student visas, or dependent visas). Their ability to enroll in school depends on their specific visa type:

Dependent Visas (e.g., F-2, H-4, L-2): Children who accompany parents working or studying in the U.S. under these visa categories are generally allowed to enroll in public K-12 schools without restrictions.
Tourist Visas (B-1/B-2): Children on tourist visas are not permitted to enroll in public schools because these visas are intended for short-term visits and do not allow for residency or long-term stays.
Student Visas (F-1): Foreign students can attend private schools or public high schools for up to 12 months if they obtain an F-1 student visa before entering the U.S. However, they must pay tuition at public schools since federal law prohibits free education for F-1 students.

2. Public School Enrollment Requirements

Public schools cannot deny enrollment based on a child’s immigration status or require proof of citizenship or legal residency as part of the enrollment process. Schools must adhere to federal laws ensuring equal access to education:

Schools may ask for proof of residency within their district boundaries but cannot inquire about immigration status.
Social Security numbers are not required for enrollment; if requested, families can decline to provide them.
Schools cannot engage in practices that “chill” access to education by discouraging families from enrolling due to concerns about immigration enforcement.

3. Private School Options

Non-immigrant children can also attend private schools without restrictions related to their visa type or duration of stay in the U.S., provided they meet admission requirements and pay tuition fees.

For example:

Students on F-1 visas often choose private schools because there is no time limit on attendance as there is with public high schools.
Families visiting temporarily may opt for private schooling if local public school enrollment is restricted by their visa type.

4. Higher Education Considerations

While non-immigrant children have broad access to K–12 education, attending college or university requires compliance with specific visa regulations:

Students must apply for an F-1 student visa if they plan to pursue higher education as international students.
Non-resident tuition rates usually apply unless they qualify under state-specific provisions such as DACA-related policies or other exemptions.

5. Immigration Enforcement Protections

Schools are considered sensitive locations under federal guidelines, meaning that immigration enforcement actions (such as arrests or questioning) are generally prohibited on school grounds except under extraordinary circumstances like national security threats.

Additionally:

Schools cannot share information about a student’s immigration status with federal authorities unless legally compelled through a court order.
The Family Educational Rights and Privacy Act (FERPA) protects student records from unauthorized disclosure.

A non-immigrant child can attend school in the United States depending on their visa type and compliance with applicable laws and regulations governing educational access for foreign nationals. Public K–12 education is broadly accessible regardless of immigration status due to protections established by Plyler v. Doe; however, certain restrictions apply when it comes to tourist visas and higher education pathways requiring specific student visas like F-1s.

Conclusion: The lifting of restrictions on ICE activity in sensitive areas like schools has created significant challenges for immigrant families and educational institutions alike. While intended as a measure against criminal activity, this policy change has had unintended consequences—primarily fostering fear among vulnerable populations. Addressing these issues requires a balanced approach that considers both national security concerns and the well-being of children who deserve safe spaces for learning and development.

Authoritative Sources Used:

abcNEWS
National Immigration Law Center (NILC): A leading organization dedicated to defending immigrant rights through litigation, advocacy, education, and policy analysis.
American Immigration Council: A nonprofit organization providing research-based insights into U.S. immigration policies’ social impacts.
National Education Association (NEA): The largest professional organization representing educators in the United States; it advocates for public education policies that support student well-being and academic success.