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Indiana Attorney General Todd Rokita sued Indianapolis Public Schools over its policies on federal immigration enforcement, claiming the district thwarted an attempt in January to deport an IPS student’s father who wanted to leave the country with his son.
The lawsuit filed in Marion Superior Court on Thursday alleges that unlawful district policies limiting information and access to Immigrations and Customs Enforcement prevented the deportation of a “Honduran national” who agreed to leave the country under a voluntary deportation order.
An IPS student, the son of the Honduran national, went to school the morning of Jan. 8 in “apparent disregard of his father’s wish that they depart the country together,” the complaint states. ICE later contacted the district to “help the father take custody of his son” ahead of his deportation flight scheduled for that afternoon.
“IPS took the position that it would not release the child to an ICE officer unless the officer had a judicial warrant or other court order,” the lawsuit states. “ICE responded that it simply was asking that the son be released to the father so that they could depart the country as the father had agreed to do and that such action did not require a court order.”
It’s unclear whether the father and son left the country. ICE did not immediately respond to a request for comment.
The lawsuit challenges district directives to employees that restrict immigration enforcement officials from student information and physical access to school grounds. The lawsuit claims such policies violate state law, which prohibits governmental entities from restricting enforcement of immigration laws.
The legal action occurs as districts nationwide — some of which adopted policies designed to protect undocumented students during the first Trump administration — once again grapple with potential immigration enforcement on school grounds.
In January, the second Trump administration rescinded a Biden-era policy that classified schools as “sensitive” locations where enforcement should only occur under an imminent public threat.
The lawsuit follows a warning from Rokita in February in which he threatened legal action if IPS did not comply with immigration authorities. At the time, IPS said it was committed to fostering a safe, welcoming environment for all students and would comply with all state, local, and federal laws.
“Sanctuary policies are bad in any context, but they are especially troubling in our schools,” Rokita said in a statement Thursday announcing the lawsuit. “Schools across the country are vulnerable to infiltration by criminal illegal aliens—it’s happened in many other states—and it is essential that ICE be able to take action when that occurs to help keep our kids safe.”
In a statement, the IPS board said it is committed to ensuring a safe and supportive environment for all students and will continue to uphold the law.
“While IPS takes all legal obligations seriously, we respectfully hope that all concerned parties will recognize the heavy burden that silly litigation and political posturing places on students, families, and taxpayers,” the board said. “Every dollar spent on defensive legal posture is a dollar not spent on instructional support, teacher development, student services, or enrichment. In this case, Mr. Rokita prefers those dollars go to fight gratuitous political battles, as has too often been the case.”
In a Thursday statement, the Indiana State Teachers Association also indicated opposition to Rokita’s lawsuit.
“Turning schools into extensions of immigration enforcement threatens that trust and undermines the learning environment every student deserves,” the union said.
Lawsuit: School district policies hinder immigration enforcement
The lawsuit takes particular issue with a resolution that the IPS school board passed in 2017 reminding employees not to assist immigration enforcement efforts “unless legally required and authorized to do so by the Superintendent.”
The lawsuit also claims that this year the district restricted staff from sharing information regarding a student’s immigration status with federal authorities. Last January, IPS said it would not let ICE enter schools without warrants.
The federal Families and Educational Rights Privacy Act, known as FERPA, restricts the ability of schools to provide student information to outside parties.
But Rokita has previously told the district that FERPA does permit the disclosure of some information, such as directory information, that could be related to a student’s immigration status. And school officials could still give consent for law enforcement to enter school grounds without violating the Fourth Amendment, his office has argued.
The district has also previously stated on a section of its website that it will not allow ICE officers onto school grounds without a judicial warrant. That section of the IPS website is still active, but no longer mentions the need for a warrant.
Rokita’s office alleges these policies violate state law. The complaint also states that school staff connected the student with a private immigration attorney.
The complaint does not say whether the IPS student was a U.S. citizen or had documentation of his immigration status. But it argues that ICE does not need a judicial warrant to make an arrest.
“Unquestionably, schools are locations that may be exploited and infiltrated by criminal illegal aliens,” the lawsuit states. “When that occurs, it is critical for public safety that ICE have the full cooperation of local school officials in ICE’s efforts to locate and arrest such aliens.”
The school board said in its statement that it has been collaborating with Rokita’s office to review relevant policies, but that Rokita permitted IPS only five business days to respond to his review.
The board said “these important issues deserve thoughtful, deliberative weighing of important legal rights — not impulsive, superficial efforts for political gain.”
“Additionally, IPS is deeply offended that the Indiana Attorney General persists in willfully dehumanizing our children and their families by labeling them as ‘aliens,’” the board said.
Undocumented students have a right to a public education under the Supreme Court’s 1982 ruling in Plyler v. Doe. The Immigrant Legal Resource Center has argued that the Fourth Amendment protects students from unreasonable search and seizure, and therefore restricts ICE from entering the private areas of school grounds without a judicial warrant.
In January, Gov. Mike Braun reiterated support for federal law enforcement, issuing an executive order highlighting the state’s support for Trump’s immigration enforcement efforts.
This story has been updated to include comments from the Indianapolis Public Schools board.
Amelia Pak-Harvey covers Indianapolis and Lawrence Township schools for Chalkbeat Indiana. Contact Amelia at apak-harvey@chalkbeat.org.
