Schools & Immigration: Guidance and Resources

Resources and Supports for Schools Navigating Immigration Enforcement Impacts

Icon Education is a fundamental right for every child. This webpage provides Wisconsin schools with information related to U.S. Immigration and Customs Enforcement (ICE) impact on students and learning environments.

The information below is intended as general guidance and does not constitute legal advice. Districts are encouraged to work closely with their communities and legal counsel to ensure all students are supported and all laws and regulations are being followed.

Legal Rights of Students

Wisconsin students retain the following legal rights, regardless of citizenship status or executive orders. The information below is intended as general guidance and does not constitute legal advice. Districts are encouraged to work closely with their communities and legal counsel to ensure all students are supported and all laws and regulations are being followed.

Right to Enroll

Students may enroll in a public school without presenting a birth certificate, green card, visa, social security number, or other proof of citizenship (Titles IV and VI of the Civil Rights Act of 1964; 1982 Plyler v. Doe).

Right to a Free Education

All students have the right to a free and appropriate public education (14th Amendment of the U.S. Constitution).

Protection from Discrimination

Students cannot be subjected to bullying, harassment, or discrimination based on race, religion, or national origin (Wis. §118.13).

Warrants and Compliance

Only a warrant issued by a court judge or magistrate allows an official to enter a space where individuals have a reasonable expectation of privacy. If any official presents a warrant to enter a space where there is a reasonable expectation of privacy, such as a classroom or other private spaces, ensure that it has been issued by a court judge or magistrate. This does not cover public spaces such as a sports stadium or a parking lot. A civil or administrative warrant is a warrant issued by a government agency without review by a judge or magistrate. A civil or administrative warrant is not a criminal warrant within the meaning of the 4th Amendment because it is not supported by a finding of probable cause or signed by a judge. Generally, a civil warrant does not entitle federal agents to enter places where there is a reasonable expectation of privacy (4th Amendment of the U.S. Constitution).

Sharing of Student Data and Information

Schools may not release personally identifiable information to ICE or other federal agents without written consent from a parent/caregiver, unless a warrant or subpoena is presented specifying the individual and requested information (Wis. §118.125).

Family Rights

Families can opt out of inclusion in school directories (Wis. §118.125(s)(j)(1)).

Data Collection Guidance

Schools are strongly recommended not to collect information about citizenship status or include such information in any student records.

Right to Remain Silent

Any individual, regardless of age, has the right to remain silent if questioned by authorities (5th Amendment of the U.S. Constitution, Miranda v. Arizona).

Additional resources on legal rights for educators and families are available through the National Education Association (NEA).

Trauma-Sensitive Practices

Policy changes and enforcement actions can create stress and fear for students, families, and staff. Trauma-sensitive practices can help schools mitigate these effects and foster resilience:

Build trust with students and families.
Train staff in trauma-informed practices.
Provide access to mental health resources and counseling.
Strengthen family-school partnerships to ensure ongoing support.
Use resources like the Compassion Resilience Toolkit to support educator well-being.

After an immigration raid, students may experience fear, uncertainty, and disruptions in family stability. Schools are encouraged to adopt strategies to address both immediate and long-term impacts on learners. Additional concrete strategies can for supporting learners and families who have been impacted by an ICE raid can be found in this Intercultural Development Research Association document. Additional considerations for preparing and responding to ICE actions can be found in this Northeast Positive Behavioral Inverventions and Supports resource.

Virtual Instruction

Districts may pivot to virtual instruction for a variety of reasons, including:

Inclement weather (e.g., snow, flooding).
Professional learning days for staff.
Widespread illness or public health concerns.
Issues impacting the safety of learners and staff.

Detailed DPI guidance and best practices on virtual instruction can be found on the department’s website.

Key Points for Virtual Instruction:

Districts have the legal authority to implement virtual learning without DPI approval.
Ensure learners receive the statutory minimum instructional minutes.
Licensed educators must be available and deliver rigorous, grade-level content.
Systems should be in place to document decisions, attendance, instructional time, and support for students with specialized needs (e.g., IDEA, reading plans, language acquisition).