CEO Notebook

In recent weeks, I have followed with deep concern the reports of heightened immigration enforcement activity affecting school communities across Minnesota and the U.S. Independent schools exist to provide safe, nurturing, mission‑driven environments where all students and families feel supported. When external forces introduce fear, uncertainty or disruption, it strikes at the heart of our work as educators and leaders.

I recognize the strain this places on students, families, faculty, staff and administrators, many of whom may be personally affected while working assiduously to maintain stability and continuity of learning. You are not facing this moment alone. The clarity and courage you bring to supporting families under stress, managing attendance challenges, and adapting operations to ensure safety reflect the very best of independent‑school leadership.

In recent years, schools have had to adapt to a shifting legal landscape. A major turning point occurred when the Department of Homeland Security rescinded its long‑standing policy discouraging immigration‑enforcement actions at “sensitive locations,” including K–12 schools. This change, following executive actions by the Trump administration, means PK–12 independent schools can no longer assume their campuses fall outside the reach of Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP).

Entry Points

The independent school law team at Venable LLP offers helpful guidance for independent‑school leaders as they navigate these concerns. The first critical point they raise is understanding the type of warrant an officer may present.

• An administrative warrant, issued by DHS and signed by an immigration judge, does not authorize access to non‑public areas of a school without consent. Schools may lawfully deny entry to classrooms, offices and other secured spaces when presented only with an administrative warrant. Refusal may be perceived as obstruction, however, so immediate consultation with legal counsel is recommended.
• A judicial warrant, issued by a court and signed by a judge, authorizes the specific entry or search described, and schools must comply when such a warrant is valid. Recently, DHS has taken the position that an administrative warrant issued by an immigration judge may be used to enter the residence of an individual who has received a final order of removal. At least one court has already issued an order disagreeing with this position, and we may see additional court cases on this issue, said Grace H. Lee, partner, Venable LLP and NBOA’s legal counsel.

Schools are advised to review their physical campus layout and clearly identify which areas are public and which are private or restricted. Lobbies, parking lots and athletic fields may feel public but may be treated differently depending on access controls, signage, and gates. Clarifying this in advance prevents confusion in urgent situations.

Preparing Staff

The Venable team explains that school leaders should train front‑desk staff, security teams and receptionists to greet officers professionally and have them wait outside the non-public spaces of the school, such as outside the parking lot, the school building, or other areas marked private, while they contact the designated school administrator.

Schools are fully within their rights to request time to evaluate these materials — ideally with legal counsel — before determining next steps. This protects against both unnecessary intrusion and unintentional noncompliance.

Administrators should then meet the officers and request identification from all officers on site, including names, badge numbers, agency affiliations and business cards, and should obtain and review any warrant or authorizing document. Schools are fully within their rights to request time to evaluate these materials — ideally with legal counsel — before determining next steps. This protects against both unnecessary intrusion and unintentional noncompliance.

Off Campus Considerations

Once students leave campus, they may be in areas where enforcement officers can act without restrictions. CBP officials may board buses or trains within 100 miles of a U.S. border, including in cities like Chicago, New York, Washington, D.C., Los Angeles, and Baltimore, to question travelers about immigration status without a warrant. Schools may therefore wish to review dismissal procedures to consider whether students should walk home alone or be released only to caregivers during periods of heightened concern. Similarly, schools should consider the possibility of an encounter with ICE while students are on school sponsored events or trips, Lee advises.

Strong communication systems are essential. Schools should maintain current family contact information and be prepared to notify parents, guardians or emergency contacts quickly if immigration officers visit campus or if a parent is believed to have been detained. When families cannot be reached, schools should have a plan for engaging child‑welfare agencies to ensure student safety and stability.

Carefully designed protocols, developed with legal counsel, help schools uphold their mission while remaining compliant with federal law.

Finally, school leaders should show compassion while adhering to legal obligations. Actions that appear to hide or protect undocumented individuals may expose the school to allegations of “harboring” or interfering with federal enforcement. Carefully designed protocols, developed with legal counsel, help schools uphold their mission while remaining compliant with federal law. Again, you can read the full guidance from Venable LLP on their website.

NBOA is listening and ready to support our schools in their efforts to foster environments where every student can learn without fear and every educator can teach without distraction. I am holding your communities in my thoughts and remain inspired by the steady, compassionate leadership you continue to demonstrate.

Jeffrey Shields, FASAE, CAE

NBOA President and CEO

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