Capital Region (WRGB) — Parents of students in several local school districts are receiving memos about ICE agents.
Both Schenectady City and Saratoga Springs School District sent memos out to parents advising them of procedures when it comes to handling ICE officials.
As we move forward, we will not authorize any actions towards our students without validly issued judicial warrants and legal counsel for verification and validation of any and all documents,” the message from Schenectady Superintendent Carlos Cotto reads. “We as a district have clear guidance regarding how we address interactions with Immigration and Customs Enforcement (ICE) officials. These protocols reflect our unwavering commitment to protecting the well-being and rights of every student and their family.
The letter continues on to lay out the situational responses to any potential ICE requests that may arise:
If ICE Requests for Information or Access:
Direct Requests to the Superintendent: Any requests from ICE officials to access school information, grounds, or interact with students, families, staff, or contractors must be directed to the Office of the Superintendent.
Approval Requirement: No ICE official should be granted access without prior consultation with, and approval by, the Superintendent, who will work closely with legal counsel to ensure compliance with all applicable laws.
Centralized Oversight (District Leadership): This protocol applies to all school personnel, ensuring that no ICE-related interactions occur without centralized oversight.
Proper Warrants:
- Whether a warrant authorizes a non-local law enforcement officer, including an ICE officer, to take a specific action, such as conducting a search or arrest, depends on the scope of the warrant and whether it was issued by a judge or was administratively issued.
- The school district, consistent with the rule of law, must honor valid judicial warrants. However, it is difficult for an untrained person to determine whether a warrant has been validly issued by a judge. Thus, it is vitally important to obtain a copy of the warrant and contact the Superintendent’s Office before allowing any access pursuant to a warrant.
- If a non-local law enforcement officer, including an ICE officer, presents a warrant of any type, provide the warrant to the Superintendent’s Office and await further instructions. (Source: NYC DOE)
Saratoga’s memo lays out the district’s plan to “safeguard the rights of immigrant students at school.”
The safety of all of our students in the Saratoga Springs City School District is our number one priority. We recognize that recent changes and discussions surrounding immigration policies may cause uncertainty and concern for families within our community,” the memo reads. “We have provided our administrators and staff with the New York State guidance all school districts received regarding safeguarding the rights of immigrant students.
The letter also lays out WHEN/IF ICE agents would be permitted to speak with a student:
Law enforcement officers may only question a student under the following conditions:
- They have a lawfully issued warrant providing court-authorized access to a student, or
- With consent from a parent or guardian, or
- If the student is accused of committing a crime on school property, and school or district personnel invite law enforcement officers to investigate
If none of the criteria are met, officers will not be allowed to speak to a student on school property. Administrators have been instructed on the appropriate procedures to follow in such situations.
The City School District of Albany sent a message to families earlier this month, with Supt. Joseph Hochreiter affirming the district’s “enduring commitment to protecting the rights and dignity of everyone in our school community.” The memo lays out the same criteria as Saratoga’s, for law enforcement officers wanting to speak with students.
“We know this is a very sensitive and unsettling time for many families in our community. We hope this information helps allay some of those concerns, and we will continue to provide updates and additional information as needed,” the memo stated in part.
Albany education officials say they are continuing to monitor developments.