DENVER — A federal judge has determined that immigration authorities are not required to revert to a policy from President Biden’s administration that limited enforcement actions at schools, despite challenges from officials in Denver to new policies introduced under former President Trump.
U.S. District Judge Daniel Domenico ruled that Denver Public Schools did not provide sufficient evidence linking decreased school attendance to the Trump-era policy. He pointed out the uncertainty regarding whether the fear surrounding possible immigration actions in schools could be attributed to the policy changes or broader concerns about increased federal enforcement. The policy, which has not yet been implemented, remains a topic of concern among large urban school districts nationwide.
Besides the noted drop in attendance, Denver Public Schools reports reallocating resources to address anxiety among students and families following the removal of restrictions on immigration actions near schools, churches, and other sensitive locations. “This includes offering mental health support, shifting administrative focus from academics to immigration issues, and assisting students who miss school to catch up,” stated the lawyers for the school district in their plea to halt the new regulations.
The decision followed closely after Denver Mayor Mike Johnston, along with other Democratic urban leaders, attended hearings in Washington, addressing questions from Republican lawmakers concerning so-called sanctuary city policies perceived as defying Trump’s immigration enforcement agenda. Although the lawsuit was initiated by the school district rather than the city, it underscores a broader debate over immigration policy.
Previously, under the 2021 “sensitive locations” guidance, officers required special approval for operations in designated areas, with exceptions for national security. The revised directive announced in January by the Department of Homeland Security’s acting leader, which covers Immigration and Customs Enforcement, removed this mandate and urged field agents to employ “common sense” in enforcing immigration laws.
However, Domenico highlighted that ICE’s leadership issued a subsequent directive mandating supervisor approval for arrests in sensitive areas like schools. He described concerns over the new regulations and assumptions regarding the previous protections as seemingly “overstated.”
Judge Domenico, who was appointed by Trump and previously served as Colorado’s solicitor general, refused to issue a preliminary injunction to reinstate the 2021 measures nationwide. Denver Public Schools expressed disappointment with this ruling, but noted that the lawsuit had at least brought transparency to the details of the Trump administration’s policies.
Historically, immigration arrests in schools have been uncommon. According to ICE data presented by lawyers for Denver schools, there were only two school arrests and 18 near-school arrests reported between 2018 and 2020. The Council of the Great City Schools, supporting Denver’s legal challenge, indicated that the new policy had not yet resulted in any such arrests as of last week.
In a related development, last month, a federal judge in Maryland barred immigration agents from conducting operations in select religious places, following a lawsuit by Quakers and other religious groups. However, this ruling is specifically limited to the plaintiffs of that case and does not extend to other religious entities.
