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For Staff

Supporting Your Immigrant Students

Who we are as a County

All children have a right to a public education. Under federal law, all children, regardless of their citizenship or residency status, are entitled to a K-12 education, including college counseling services. School districts that either prohibit or discourage children from enrolling in schools because they or their parents are undocumented immigrants may be in violation of federal law.

According to the United States Census Bureau, during the years of 2019-2023, 33.4% of residents in Montgomery County, MD are originally from countries outside of the United States.

MCPS Stance

taylor

Our schools are and will always remain safe places where every child—regardless of immigration status—is welcomed, valued, affirmed, validated, respected, and loved.

Message from Superintendent Taylor, 11.21.24

To provide clarity and reassurance, here are some important reminders that reflect our values of safety, inclusion, and respect for every student and family in our community:

Schools Are Safe Spaces

Schools are places where students should feel secure, supported, and free to focus on their learning. Federal guidance recognizes schools as sensitive areas, meaning that enforcement actions by immigration authorities are generally not permitted in schools or on school grounds.

Access to Education Is a Right

Education is a fundamental right, guaranteed to all children regardless of immigration status. The U.S. Constitution and the 1982 Supreme Court ruling in Plyler v. Doe ensure that every child has the opportunity to thrive in a public school setting, emphasizing our commitment to equity and access for all.

MCPS Does Not Ask About Immigration Status

Every family deserves respect and privacy. MCPS does not ask about immigration status or report family information to immigration authorities. These practices help create a welcoming environment for all families.

Zero Tolerance for Harassment or Bullying

We are committed to fostering a culture of kindness, respect, and safety. MCPS does not tolerate bullying, harassment, or intimidation for any reason, including immigration status. If a student experiences such behavior, they are encouraged to notify a trusted adult, such as a school administrator.

Policy & Legal

  • Is there a federal law that prevents schools from sharing student information?
    Yes. Under the Family Educational Rights and Privacy Act (FERPA), schools are prohibited, without parental consent, from providing information from a student’s file to federal immigration agents unless they have a subpoena. If ICE agents present a school with a removal warrant (deportation order), school based staff should immediately contact the Office of the General Counsel at (240) 740-5600.  The school is still permitted to refrain from providing student information, as the warrant is administrative, not judicial. Under FERPA, schools may disclose directory information without consent, unless the family completed an Annual Notice for Directory Information and Student Privacy at the start of the school year. For more on FERPA, see familypolicy.ed.gov/ferpa-parents-students.

  • Terminology
    It is important that a common understanding exists when considering the complexities of the immigration status of members of the community.

  • Newcomer Toolkit from OELA, 2023
    Chapter 2: Welcoming Newcomers to a Safe, Inclusive, and Thriving School Environment.
    This is a great resource from the United States Department of Education. (p21) This chapter highlights actions schools and staff can take to understand, support, and engage students and their families as they join school communities.

girl with books

Immigration Response Protocol

Purpose: To establish clear procedures for school officials to follow when interacting with ICE agents, aiming to protect student rights and ensure appropriate legal responses.

Underlying  Principles:

  • Student Safety and Well-being: The primary focus is on protecting the safety and well-being of students.
  • Legal Compliance: The protocol emphasizes the importance of adhering to legal requirements and seeking guidance from legal counsel. School based staff should immediately contact the Office of the General Counsel (240) 740-5600.
  • Transparency and Communication: Clear communication channels are established between school officials, legal counsel, security personnel, and parents/guardians.
elementary school students

Step-by-step guidance on what a school principal/designee should do if an Immigration and Customs Enforcement (ICE) officer approaches a school “for any reason.”


  1. Meet the ICE officer at the school entrance, where all visitors are screened for entry.
  2. At the entrance, request the ICE officer’s name and ID, the phone number of the officer’s supervisor, and the reason for the visit during school hours.
  3. Obtain any documentation from the officer (e.g., subpoena; search warrant; arrest warrant).
  4. Advise the officer that you, the school official, are required by district protocols to notify and obtain guidance from the Office of the General Counsel . School based staff should immediately contact the Office of the General Counsel (240) 740-5600.
  5. Advise the officer to wait outside the school building while you obtain guidance from the Office of the General Counsel.
  6. Notify the Office of the General Counsel and provide them with the details and documentation obtained from the officer.
  7. Wait while legal counsel reviews the materials provided. Do not take action until you obtain clear instructions from district legal counsel.
  8. Contact the parents or guardians of the student(s) in question immediately after consulting with district legal counsel.
  9. Ensure the school security person notifies their supervisor(s), as appropriate. If the ICE officer fails to comply with instructions, do not physically attempt to interfere with any enforcement action. In these situations, obtain as much information as possible from the officer and notify the legal counsel and security supervisors.

STAFF DOs and DON'Ts

DOs

Create a Welcoming & Inclusive Environment:

  • Use inclusive language that avoids terms like "illegal" or "illegal immigrant."
  • Ensure all students feel safe and respected, regardless of their immigration status.
  • Celebrate diversity and create a culturally responsive learning environment.

Protect Student Privacy:

Provide Accurate Information:

  • Share accurate and reliable information about student rights and resources related to immigration.
  • Partner with community organizations that can provide support and guidance to immigrant families.

Advocate for Student Rights:

  • Support policies that protect the rights of all students, regardless of their immigration status.
  • Advocate for equitable access to education and resources for all students.

Build Trust with Immigrant Families:

  • Communicate openly and respectfully with immigrant families.
  • Be aware of the potential impact of immigration policies on families and students.

Create safe spaces for families to share their concerns and seek support.

DON'Ts

Inquire about a student's immigration status.

Share student immigration information with anyone who is not authorized to have it.

Use dehumanizing or discriminatory language.

Engage in speculation or gossip about a student's immigration status.

Discriminate against students or families based on their immigration status.

Allow fear-mongering or the spread of misinformation about immigration.

Become involved in immigration enforcement activities.

Make false promises to students, families or caregivers.

Make assumptions about the status of bilingual/multilingual students/ families.