Texas Educators Say Law Bans Immigration Enforcement in Schools

 Posted on August 06, 2025 in Immigration

As the countdown to the new school year begins, in school districts across the state of Texas, there are hundreds, if not thousands, of children who lack legal status. It is a national right that all children in the United States are entitled to a public education, regardless of their citizenship or immigration status - or is it?

The enhanced efforts by the current administration to remove or detain undocumented persons across the nation, with courthouse raids and ICE agents at job sites and in neighborhoods, have left educators wondering whether there will be raids in schools. Federal law has historically prohibited ICE agents from entering school grounds, but it is not a significant leap to imagine such an occurrence.

Teachers in Texas schools (and all schools in the U.S.) believe their job is to ensure every student receives the best education possible – and are hoping that undocumented immigrant raids never become a part of the public school experience. If you are a parent worried about your child’s undocumented status, now is the time to speak to an experienced Plano, TX immigration lawyer about your status and your rights.

Federal Protections and Recent Reversals

Although a 2021 policy by the prior administration designated certain locations as "sensitive" (including schools, healthcare facilities, places of worship, and social service organizations), the Department of Homeland Security has since rescinded that policy. This means that ICE agents are allowed to conduct enforcement activities in and near these locations without restrictions.

The new policy directs ICE agents to use their "discretion" when conducting enforcement actions in or near these locations. This change means that schools and other sensitive locations are no longer legally off-limits. This change has raised concerns among school administrators, who are aware that ICE could potentially enter a school without a warrant or consent.  

Direct responses to allowing ICE agents in sensitive areas include "Know Your Rights" workshops, legal immigration clinics, and mental health support. Texas educators maintain that state law prohibits immigration enforcement on school campuses, but in all things pertaining to immigration, federal law generally overrides state law.

Does Texas State Law Prohibit Immigration Enforcement in Schools?

In 2017, Texas Senate Bill 4 banned sanctuary cities in the state, required local compliance with ICE, but did not explicitly ban school immigration enforcement. In January 2024, the Department of Justice sued the state over Senate Bill 4. A district court judge ruled that the bill violated the Supremacy Clause of the Constitution, then on March 19, 2024, the Supreme Court ruled that the law could go into effect while the Court of Appeals considered the district court’s judgment.

Although this put Senate Bill 4 in legal limbo, the Supreme Court eventually ruled that Texas could enforce SB 4, despite ongoing legal challenges. The Supreme Court’s order does not rule on the constitutionality of SB 4, but allows the law to go into effect while the courts continue to debate the rule. To be clear, SB 4 mandates cooperation with ICE, yet does not explicitly authorize them to enter school properties. Some school districts, including Dallas, San Antonio, and Fort Worth, have issued internal policies that "discourage" ICE presence on school campuses.

What Is the Impact on Immigrant Students and Their Families?

The uncertainty of whether ICE will raid schools will almost certainly lead to heightened anxiety and absenteeism of immigrant children. Parents are urged to avoid sharing immigration status unless legally mandated, and hopefully, educators will seek legal counsel before allowing ICE presence on school campuses.  Undocumented parents need to know that while many school districts have adopted practices to keep school grounds free of immigration enforcement, there is no binding state statute that expressly prohibits ICE entry.

Contact a Dallas, TX Immigration Lawyer

Texas schools should be safe places for all children. If you are concerned about immigration enforcement in or near a Texas school, contact a skilled Plano, TX immigration attorney from Law Office of Jae Lee today. Attorney Lee can help you understand the law and keep your family safe and informed. He can work with clients remotely when necessary and always offers one-on-one guidance. Call 214-295-3014 to schedule your free consultation.