Can ICE enter a school? What the law says and how to prepare
With constantly changing immigration laws, rumors and fear, we’ve created this guide to clarify some of the most commonly asked questions about immigration and schools.
Under the law, immigration enforcement officers can only enter a school if they have either:
A judicial warrant signed by a judge, or consent from the appropriate authority.
Miami-Dade County Public Schools policy states that no child will be allowed to speak to a law enforcement agency without parental consent or a warrant.
Can an immigration officer interview a child?
Yes, but only with a judicial warrant signed by a judge.
Can all students get an education, regardless of immigration status?
Yes. All students in Kindergarten through 12th grade are guaranteed access to a public education, regardless of immigration status.
This right is based on the 1982 Supreme Court ruling in Plyler v. Doe, which narrowly held that states cannot constitutionally deny undocumented children a free public education.
What should parents who are concerned about being deported do to protect their children?
Update emergency contact at school and guardianship paperwork.
Immigration advocates recommend that parents:
Ensure emergency contact cards are up to date with trusted family members or friends who can pick up and care for their children if they are detained. Complete a guardianship form, which legally establishes a temporary guardian for the child. The information on this form should match the emergency contact information at school. This form must be notarized but does not need to be prepared by a lawyer.
Renata Bozzetto, deputy director of the Florida Immigrant Coalition, recommends consulting with an attorney when completing the form.
Her organization offers free legal consultations every Wednesday from 3–5 p.m., both in person and via Zoom. For more information, visit the Florida Immigrant Coalition.
How can citizens and others support your community?
One of the most common ways immigrants are arrested is for driving without a license. Bozetto and other advocates suggest that school Parent Teacher Association and other parent groups create ride-sharing and carpool programs to ensure students who are at risk of detention can arrive and exit school safely, as well as get to and from after school activities such as sports or aftercare.
Where can I get free legal advice?
Here is a list of free legal service providers in Florida, courtesy of the U.S. Department of Justice Executive Office for Immigration Review. This was updated July 2025.
You can use the National Immigration Legal Services Directory to search for immigration legal services providers by state, county or detention facility.
American Immigration Lawyers Association has a tool for searching for a lawyer. You can filter by location and also by language. You can also call them at 1-800-954-0254 for a referral.
Are student records private?
All student records are protected by the Family Educational Rights and Privacy Act, which protects student information.
Law enforcement needs a subpoena or warrant to access student records, and even so, schools would not have any information regarding the immigration status of students.
Can my school ask about a student’s immigration status?
No. It is illegal for schools to keep any record of a student’s immigration status.
What do experts recommend when interacting with immigration officials?
Experts advise that you exercise your right to stay silent, ask for a lawyer and request to see a warrant before opening the door to your home.
The Florida Rapid Response Alliance for Immigrant Safety and Empowerment created a list of recommendations for immigrants who have encounters with immigration officers.
