A view of McCaskey High School, in the School District of Lancaster.
LNP | LancasterOnline
Lancaster County’s largest, most diverse district mum on executive order letting ICE into schools
By Ashley Stalnecker/LNP | LancasterOnline
LNP | LancasterOnline
A view of McCaskey High School, in the School District of Lancaster.
Update: Here’s how the Lancaster School District will respond to the executive order allowing ICE in schools.
One day into Donald Trump’s second term as president, he eliminated a 13-year-old policy that prohibited federal immigration agencies from making arrests at schools. That move could deter immigrant students from attending school, says an Education Law Center attorney, yet Lancaster County’s largest and most diverse school district – the School District of Lancaster – remains silent on the issue.
“We have in similar times – where there’s concern about immigration, deportations – we’ve seen students not attending school and that’s not where we need to be,” Law Center senior attorney Kristina Moon said. “That’s not what’s best for any of our communities. All kids have the right to attend affirming, safe school environments where they’re celebrated for their diverse backgrounds.”
In Pennsylvania about 11,000 immigrants under the age of 16 are in the U.S. illegally, while another 25,000 immigrants between ages 16 and 24 under are in the U.S. illegally, according to the Migration Policy Institute. Others have U.S. citizenship but have parents who are in the country illegally.
The Education Law Center, a nonprofit legal advocacy organization with offices in Philadelphia and Pittsburgh, has been preparing to protect immigrant families in the event of stricter immigration laws during the Trump presidency and is working with school districts across the state to teach or remind immigrant students and families of their rights in school.
“It’s important to understand that the recision of the sensitive locations or protected areas policy is really harmful because it makes our communities less safe when folks can’t access important community spaces like schools and childcare centers and churches and hospitals without fear for their safety,” Moon said.
But Trump’s executive order, Moon said, has no effect on the foundational principle of the country that is to ensure all students have the right to attend school where they live, whether or not they’re U.S. citizens both under federal and state law.
There are still measures that schools can and should be taking to ensure students’ rights are protected, too, Moon said.
READ: Trump executive orders stoke fear among immigrants seeking permanent residency
Response from districts with large immigrant populations
School District of Lancaster, which enrolls students from Lancaster Township and Lancaster city, has the largest populations of students in the county who may be impacted by Trump’s executive order. Lancaster city is historically a destination for immigrants; in 2017, the city was recognized as having the highest per capita immigrant and refugee resettlement in the nation.
Superintendent Keith Miles did not respond to repeated requests for comment and district board President Jennifer Eaton declined to comment.
Conestoga Valley School District spokesperson Kathryn O’Dell said in an email it’s too early to tell how the order could impact the nearly 4,000-student district. Asked if the district had a plan in place in the event that U.S. Immigration and Customs Enforcements targets its schools, O’Dell declined to make further comment. ICE is a federal law enforcement agency under the U.S. Department of Homeland Security that protects against cross-border crime and undocumented immigration.
With 8% of the population living within the district identified as foreign-born, according to the Lancaster County Community Indicators, Conestoga Valley is second only to Manheim Township and School District of Lancaster in number of immigrant residents.
The community indicators, a project of the Steinman Foundation, is a collection of data that provides insight into trends across Lancaster County over time.
Hempfield, the second-largest district in the county with 7,000 students, has a foreign-born population of roughly 6% living within its boundaries.
“We comply with all applicable laws, and we are consulting with our solicitor to fully understand the implications of the executive orders,” district spokesperson Kelly Burkholder wrote in an emailed statement.
Board President Mike Donato did not respond to a request for comment.
Manheim Township’s roughly 6,000 students live in an area where 9% of the population is foreign-born, according to the indicators.
“Manheim Township School District values and respects the needs of each and every family and community member,” district Acting Superintendent Dale Reimann wrote in an email statement Friday. “The district’s policies and procedures are aligned with applicable laws. Our families and larger community can expect continued assurance of the comprehensive supports and protections that are provided to our students, families, and staff each day.”
READ: Trump’s plan to dissolve Education Department could slash $55M in Lancaster County schools funding
The right to attend school
One important protection schools can offer is the protection of student information, Moon said.
Student records are confidential and staff cannot share them without a court order or consent of a parent. They cannot be forced to share information with immigration customs enforcement officers, she said. If a staff member does share that information, they could face legal ramifications, she added.
And school staff won’t necessarily have information on a student’s immigration status to begin with. School staff cannot ask about the immigration status of a student or family member, nor can they require a Social Security number as part of the enrollment process.
Schools also have certain rights should immigration customs enforcement officers attempt to enter their buildings. Officers must present a warrant to school staff when entering the building and teachers and staff must immediately contact the district lawyer or solicitor to review that document for legal accuracy, Moon said.
Several Pennsylvania school districts, including Haverford, Reading and Allentown, have drafted board resolutions or policies stating that the districts will protect students against the officers and will not share family information with them. Some policies also add provisions for training employees to know and understand how to protect immigrant students.
Haverford’s policy, for example, reinforces immigrant student rights by acknowledging it will not request immigration status, a birth certificate or Social Security number to register a student in the district. Additionally, the district asserts it will train school staff on such policy and regularly communicate the policies to students and families.
The policy is meant to ensure that the district is a welcoming and safe place for resident students and families to seek help, assistance and information about enrollment and full participation in the educational and co-curricular programs of the district without regard to immigration status.
None of the Lancaster County school districts have drafted such a policy but part of the School District of Lancaster falls under the Lancaster city Welcoming City ordinance.
The ordinance emphasizes the city’s commitment to welcoming its immigrant community and states that city police officers wouldn’t intervene in federal immigration matters but only cooperate with ICE when required by applicable law. The ordinance applies specifically to city employees and would not have bearing on operation at the school district level.
Vice president of Lancaster City Council Jaime Arroyo said state and federal law would supersede anything that the city would be able to do for undocumented School District of Lancaster students.
“I’m extremely concerned,” Arroyo said. “Regardless of documentation status, I just can’t imagine going into a school with law enforcement. It just breaks my heart to even think about it. I don’t think that is ethical in my opinion.”
Editor’s note: A previous version of this story incorrectly stated that the Education Law Center worked with several Pennsylvania school districts to draft policies stating that district will protect students against Immigration and Customs Enforcement officers. The law center did not work with the school districts mentioned but showcased their policies as examples that other districts could adopt.
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A collection of interviews, photos, and music videos, featuring local musicians who have stopped by the WITF performance studio to share a little discussion and sound. Produced by WITF’s Joe Ulrich.
