Orange County Public Schools

Answer: Yes. Children are entitled to a public education regardless of their immigration status. This is based upon the Supreme Court decision of Plyler v. Doe, 457 U.S. 202 (1982).

Answer: No. The District must comply with the order of the court in the case of League of United Latin American Citizens, et al. v. Florida Board of Education, et al., Case No. 9—1913 (S.D. Fla. 1990). This order, known as the Meta Consent Decree, binds the District’s actions. It states the following:

• “No district shall in any case elicit, compile, nor maintain lists of students with alien registration numbers and those without.”
•  “No personally identifiable data of any kind shall be elicited, compiled or maintained as to any individual student's immigration status except as described above."
•  “No prospective students nor student shall be referred or reported to the U.S. [Immigration and Customs Enforcement (ICE)] for any reason prior or subsequent to admission.”
•  “No student shall be denied any federally funded educational services unless that program's statutes and regulations specifically require such exclusion. No eligible student shall be denied services under any state or locally funded program.”

Answer: No. On January 21, 2025, the Acting Secretary of Homeland Security issued a directive ICE could engage in enforcement activities in or near “sensitive” areas, including schools and churches.

Answer: Since the District does not maintain records on student immigration status, we would generally have no documents to produce to ICE on immigration status. However, should ICE ask for student records, federal law requires ICE to produce a lawfully issued subpoena. The Family Educational Rights and Privacy Act (“FERPA”) states that school districts must not release student records without parental consent, unless such record is “furnished in compliance with a lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of compliance.” Florida law requires school districts to comply with FERPA with regard to immigration enforcement. (See §908.108, Fla. Stat.) Florida law also states that students and parents have the right to privacy with respect to the student’s education records and reports. (See §1002.22, Fla. Stat.)

Answer: You are to ask the ICE agent for identification, including any badge or business card the agent may have. If there are any questions about the ICE agent’s credentials, you may contact the Office of Legal Services for assistance at extension 2003411. Once you verify the agent’s identity, then ask for the reason for the visit and if they have any documents, such as a warrant or a subpoena.

Answer: If an ICE Agent shows up with a warrant or a subpoena, you should take the following actions:

• Ask for the warrant or subpoena and then tell the agent that you have to obtain the guidance of the Office of Legal Services regarding response to the warrant or subpoena.
•  Scan the document and email it to [email protected].
•  Follow up with a call to extension 2003411 and indicate that an ICE agent is at the school and has produced a warrant or subpoena and that such warrant or subpoena has been sent to [email protected].
•  An attorney in the Office of Legal Services will review the warrant or subpoena and will then call school administration to provide direction on what to do next.

Answer: No. A federal statute (8 U.S.C. §1357) and federal regulations (8 C.F.R. §287.4 and 8 C.F.R. §287.5) allows ICE agents to execute search and arrest warrants, as well as to issue subpoenas requiring the production records and evidence for use in criminal or civil immigration investigations. If we do not comply with warrants or subpoenas, then ICE can go to federal court and obtain an order requiring compliance with the ICE warrant or subpoena.

Answer: No. Because students and parents have a right to privacy with regard to the education records and reports, as well as information shared in the classroom, employees may not violate the right of students and parents to privacy by voluntarily disclosing information to ICE absent a subpoena. If employees voluntarily disclose information to ICE agents without being directed to do so, they could be subject to disciplinary action up to and including termination of employment for violating the student’s and/or parent’s right to privacy in education records, reports or information.

Answer: No. The student will be brought to a private area in the front office for the ICE agent to interview the child. All steps should be taken to ensure that ICE is not allowed to take enforcement actions in classrooms where instruction is taking place or in other student gathering places, such as the cafeteria.

Answer: The guidance previously given to principals via email on January 22, 2025, regarding visits from law enforcement will be followed with respect to ICE agents seeking to interview a student:

• Administrators will ask the ICE agent if the parent/legal guardian can be contacted prior to interview of the student. If ICE states parent/legal guardian may be contacted, the administrator will call the parent/legal guardian to see if the parent consents to such interview prior to the interview commencing.
•  If the parent/legal guardian consents to the student speaking to the ICE agent without a parent/legal guardian or attorney present, the ICE agent will proceed. If the parent/legal guardian declines to allow such interview, the administrator will inform the ICE agent and the student that the parent/legal guardian does not want the student interviewed.
•  The student may choose not to speak to the ICE agent and state to the ICE agent that he or she desires to speak to a lawyer before answering any questions. However, that is a decision to be made by the student, not the administrator on the student’s behalf.
•  If the ICE agent states that parent/legal guardian may not be contacted, the administrator will tell the ICE agent that all questions from the parent/legal guardian will be referred to the ICE agent. The ICE agent will be asked to fill out the Parental Non-Notification Form for Official Investigations linked below.
•  In the event ICE states the parent/legal guardian may not be contacted, the administrator should ask if he or she may remain with the student during questioning. If the answer is yes, the administrator shall stay in the room with the student. If the ICE agent states the administrator may not remain, the administrator should vacate the room and allow questioning by the ICE agent. The administrator should get in writing from the ICE agent that the ICE agent did not permit the administrator to remain in the room during the questioning.

Answer: The guidance previously given to principals via email on January 22, 2025 regarding visits from law enforcement will be followed with respect to ICE agents who want to arrest a student:

• As stated previously, if the ICE agent presents a warrant for arrest, the administrator should send the warrant to the Office of Legal Services for review. It should be emailed to [email protected]. The Administrator should call extension 2003411 to alert the Office of Legal Services that a warrant has been sent to be reviewed.
•  The administrator should ask the ICE agent if the parent/legal guardian or the administrator can be present when the student is arrested. If the ICE agent states no, then the administrator should not interfere with the arrest.
•  If a student is arrested, the parent should be notified immediately after the arrest and provided the contact information of the ICE agent and the agency. Such information should be printed on the warrant.
•  The arrest should take place in a private space in the front office. Arrests in classrooms and other areas where students gather, such as the cafeteria, should be avoided.

Answer: Yes. Under federal law, ICE agents have the right to ask persons who they believe to be in the country unlawfully about their immigration status and may arrest persons who are in the country unlawfully without a warrant. Pursuant to 8 U.S.C. §1357(a)(1), an ICE agent may, without a warrant, interrogate any person believed to be undocumented about his or her right to be or remain in the United States. Under 8 U.S.C. §1357(a)(2), an ICE agent may, without a warrant, arrest any person the agent believes to be in the United States in violation of the law regulating entry into the United States if, in the agent’s estimation, the person is likely to escape before a warrant can be obtained for the person’s arrest.

Answer: Yes, there are potential criminal penalties for any administrator who interferes with the actions of ICE. If an administrator informs the parent/legal guardian of an interview after being told not to do so by the ICE agent, if the administrator refuses to leave the room when directed by the ICE agent, or if the administrator interferes with the arrest of a student by the ICE agent, the administrator may be subject to arrest on charges of tampering with a law enforcement investigation or obstructing a law enforcement official.

Answer: No. Under §908.103, Fla. Stat., local governments such as the District are prohibited from adopting sanctuary or safe haven policies. The School Board (under §1001.42(15), Fla. Stat.) and the Superintendent (under §1001.51(14), Fla. Stat.) must comply with state statute. State case law states that the School Board and Superintendent cannot sue to invalidate state law.

Answer: Teachers and support staff who are approached by an ICE agent on campus should immediately seek out an administrator so the administrator can speak with the agent. If for any reason an administrator is not on campus (e.g. before or after school during a sports practice or a band concert, etc.), the teacher or support staff member should contact their administrator to inform the administrator that ICE is on campus. Teachers and support staff members who have to speak with the ICE agent when an administrator is not on campus have to follow the directions on this memorandum. Teachers and support staff who interfere with ICE may be subject to the same penalties of arrest and criminal charges of tampering with a law enforcement investigation or obstructing a law enforcement official.