ACLU of Maine Reminds School Communities of Their Rights After Arrest at Portland School

Following reports of unidentified law enforcement arresting a parent near a Portland public school, the ACLU of Maine is reminding parents, students, and school leaders that knowing their rights is a powerful way to keep our communities as safe as possible in the face of rapidly changing immigration enforcement practices.

PORTLAND – Following reports of unidentified law enforcement arresting a parent outside a Portland public school, the ACLU of Maine is reminding parents, students, and school leaders that knowing their rights is a powerful way to keep our communities as safe as possible in the face of rapidly changing immigration enforcement practices.

According to reports, agents detained a parent on a school access road shortly after they dropped off their child. The agents refused to identify themselves to school administrators and wore vests identifying themselves only as “police.”

Without clear identification, the public has no way of knowing if they’re interacting with legitimate government officials. It also makes it more difficult for people to find their detained family members and to ensure they have access to legal counsel. When government agents operate in the shadows, they sow fear and mistrust that make our communities less safe.

• Share Know Your Rights information with students and staff, and widely encourage families to create emergency-preparedness plans
• Develop clear procedures to follow in the event of immigration enforcement actions on or near school property, which take into account students’ constitutional rights and schools’ right to deny federal agents access to non-public areas of a school unless the agents present a valid judicial warrant
• Instruct all district employees or agents to send any information requests from ICE to the superintendent and legal department, who can make the final decision as to whether and how to comply with the request
• Reaffirm your commitment to serving as a welcoming environment for all students, regardless of immigration status
• Clarify your policies related to information sharing with law enforcement agencies

• Do not inquire into student or parent immigration status upon enrollment
• Do not require students to provide documents that only people with current immigration statuses will have, like passports or social security numbers — enrollment can be accomplished with alternative forms of identification
• Do not record unnecessary data on students’ backgrounds
• Ensure policies regarding information sharing with law enforcement prioritize protecting the data of students, staff, and their families

“We hope this information can support our school communities so they feel empowered,” said Max Brooks, an immigration attorney at the ACLU of Maine. “It is crucial for students to know their rights and for school administrators to exercise their authority to uphold students’ rights and maintain safe environments. On the day of President Trump’s inauguration, ICE rescinded an earlier policy limiting immigration enforcement at or near schools, but that doesn’t change immigrant children’s constitutional right to an education. It also doesn’t alter a school district’s legal responsibility toward its students or limit its legal right to demand a valid judicial warrant before allowing agents to enter non-public areas of school property.”

The ACLU of Maine encourages all students, families, faculty, and staff to learn more about their rights at ACLUMaine.org/BackToSchool.