January 24, 2025

Support and Resources for Navigating Recent Executive Orders on Immigration

CORRECTION: A prior version of this communication included outdated information on “sensitive locations” or “protected areas.” This communication has been corrected due to the protective area memorandum being rescinded.

As you may be aware, a number of executive orders have been signed by the president earlier this week. We are actively working to understand the impact on the work of the agency, as well as the impact on schools and libraries across the state. We recognize that you may have concerns and questions regarding these developments, and we want to assure you that we are analyzing the executive orders and monitoring the resulting legal challenges.

Right now, we encourage you to work with your boards and communities to have a plan in place that supports all kids.

This communication includes the following information:

• Legal Rights
• Resources for Actions Schools Can Take
• Trauma Sensitive Practices to Support All Educators, Learners, and Families
• Dr. Underly Public Statement and Messaging

Legal Rights

As of Thursday, Jan. 23, the executive order on birthright citizenship has been blocked by legal action. Here are the legal rights that you and your learners continue to have, regardless of whether this executive order stands.

• A learner has the right to enroll in a public school regardless of citizenship status (Titles IV and VI of the Civil Rights Act of 1964).
• A learner has the right to receive a free and appropriate public education (14th Amendment of the U.S. Constitution).
• A learner has the right to enroll in and attend a public school without presenting a birth certificate, a green card, a visa, a social security number, or any other proof of citizenship (Titles IV and VI of the Civil Rights Act of 1964 and 1982 Plyler v. Doe decision).
• All learners have the right to an education without bullying, discrimination, or harassment based on a child’s race, religion, or national origin (Wis. §118.13).
• Schools may not turn over personally identifiable information to police, federal agents, or immigration officials without written consent from the parent or caregiver unless a warrant or subpoena is presented that specifies the individual by name and the information being requested (Wis. §118.125).
• Schools have the legal responsibility to address any bullying, discrimination, or harassment (Wis. §118.13).
• An ICE warrant is not a warrant within the meaning of the Fourth Amendment of the U.S. Constitution because an ICE warrant is not supported by a showing of probable cause of a criminal offense and is not issued by a court judge or magistrate. Therefore, a school is not required to comply with an ICE warrant (4th Amendment of the U.S. Constitution).
• Families have the right to opt out of being included in any school directory (Wis. §118.125(s)(j)1).
• Schools are recommended to NOT collect any information about citizenship status or include such information in any student records.
• Any and all individuals, regardless of age, have the right to remain silent if being questioned.

Find additional information about legal rights in this resource, recently authored by the National Education Association (NEA).

Resources for Actions Schools Can Take

We would also like to share some helpful resources with concrete actions that you can take.

The NEA resource linked above, along with this NEA webpage includes examples of concrete actions schools can take, including informing all learners, families, and educators of their rights, printing out rights cards to distribute to learners, families, or educators, and how to report an immigration raid.

Trauma Sensitive Practices to Support All Educators, Learners, and Families

To help mitigate the harm this executive order may have on children, families, and educators, we encourage you to utilize resources and strategies that foster resilience and support. Policy changes can create uncertainty and stress, particularly for families already facing challenges. Schools have a critical role in providing stability and a sense of belonging during these times.

Trauma-sensitive practices are essential for addressing the emotional and social well-being of students impacted by issues like poverty, food insecurity, immigration challenges, or trauma. By creating safe and inclusive environments, schools can help students thrive despite adversity.

The DPI’s Student Services Prevention and Wellness team offers resources to support trauma-sensitive schools, including guidance on building relationships, fostering cultural responsiveness, and integrating social-emotional learning. These tools can be accessed here on the DPI’s website.

Key steps include:

• Building trust with students and families
• Training staff in trauma-sensitive practices
• Providing access to mental health resources
• Strengthening family-school partnerships

Additionally, recent policy changes can add stress and complexity to the roles of educators and school leaders, impacting their well-being. The Compassion Resilience Toolkit offers practical strategies to help educators build emotional resilience, maintain empathy, and foster supportive environments for themselves and their students.

After an immigration raid, students may experience fear, uncertainty, and disrupted family dynamics. Find concrete strategies for supporting learners and families that have been impacted by an ICE raid here.

Incorporating these approaches, alongside general trauma-sensitive practices, can help address the immediate and long-term needs of impacted students. By adopting strategies like those outlined in the Compassion Resilience Toolkit, schools can empower students, support staff, and foster thriving communities. For questions or additional support, please contact us at dpisspw@dpi.wi.gov.

Dr. Underly Public Statement and Messaging

State Superintendent Dr. Jill Underly made a public statement on behalf of the DPI earlier this week, including these comments: “No child decides their own immigration status. All students, no matter their immigration status, have a right to receive a quality public education. Every child deserves the opportunity to learn, grow, and thrive without fear or discrimination. When we open schools to immigration raids, that hurts the kids targeted, but it also hurts every other child who might be incorrectly targeted, who is traumatized by the raid, and who will lose valued friends and teachers.” Dr. Underly’s full statement can be found here.