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Immigrant Student Protections in School
Current Situation
Immigration enforcement policies have disrupted school communities in Massachusetts and nationwide. But the law hasn’t changed. Students, parents, and educators have legal protections in interactions with U.S. Immigration and Customs Enforcement, known as ICE. Use this page to learn about laws protecting students, families and educators at school.
The Massachusetts PROTECT Act (2026)
This newly signed law requires strong protections from immigration enforcement for schools, daycare facilities, hospitals, courtrooms, state agency offices, and local, county, and state law enforcement, among other contexts. This new state law aims to protect immigrant students in school, with the following:
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Prohibit ICE arrests on school grounds without a judicial warrant or court order.
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Require school districts to implement detailed emergency response plans based on a model plan developed by the state.
Emergency response plans must be in place by Sept. 1, 2026 or the first day of school.
PROTECT Act Model Policy for Schools, Massachusetts Department of Elementary and Secondary Education (DESE)
A model policy that districts can adopt to comply with the PROTECT Act. It outlines required procedures—including designated staff contacts, documentation protocols, and family notification steps—that together fulfill the Act's written emergency response plan requirement.
Model Procedures for Interacting with Civil Law Enforcement, Massachusetts Department of Elementary and Secondary Education (DESE)
Step-by-step model procedures for schools implementing the PROTECT Act, covering how staff should respond if law enforcement arrives on school grounds, how to review warrants, and how to document interactions. It includes sample scripts, notification templates for families, and a directory of legal resources for immigrant students and families.
Know Your Rights: ICE Enforcement, An Updated Guide for Immigrants, Families, and Communities (March 2026), Attorney General of Massachusetts
This guide explains the rights of immigrants and community members during ICE enforcement actions. It covers key protections like the requirement of a judicial warrant to enter a home, and the right to record ICE activity from a safe distance. The update adds new guidance on Custom and Border Patrol’s expanded role, protester rights, and how to hold federal agents accountable for misconduct.
Red Cards
“Know Your Rights Red Cards”/ “Red Cards” are wallet sized cards that help people assert their rights in situations including in interactions with ICE agents. Use this link to access a Red Card from Immigrant Legal Resource Center (ILRC). ILRC has created an overview of the Red Cards and translated printable PDFs in Arabic, Chinese, English, Farsi, French, Haitian Creole, Hmong, Korean, Pashto, Punjabi, Russian, Spanish, Tagalog, Tigrinya, Ukrainian, and Vietnamese. MIRA has also created ones in Portuguese.
Student Data Protection - Federal
Public schools are prohibited from asking students or their parents about their immigration status for the purposes of enrollment; revealing a student’s or their parent’s immigration status without their permission; and, requiring social security numbers from students.
Schools are prohibited from sharing a student’s or their family’s private information contained in education records without the written consent of a parent, guardian, or the student (if over 18 years old). Exceptions include if the information is considered directory information or if a valid judicial order or subpoena is presented.
School personnel are not obligated to report an undocumented student or family member to ICE, or to assist ICE in apprehending that student, and have the common law responsibility to care for children in place of their parents while children are at school. The relevant laws governing schools and students give the school the authority and the obligation to protect undocumented students, including from ICE.
Family Education Rights and Privacy Act of 1974 (FERPA)
FERPA generally prohibits schools and school districts that receive federal funds from releasing personal information contained in students’ education records without the written consent of the parent, adult or (if over 18) student.
FERPA requires schools and school districts to maintain a record, within the student’s record, of all individuals, agencies, and organizations that have requested the student’s personal information.
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FERPA has two law enforcement related exceptions, including for ICE: (1) exception for subpoena, (2) exception for school officials.
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That said, ICE’s court order or judicial warrant should be elevated to the school superintendent and validated by the school’s district attorney. No action should be taken until these steps are taken. If personal information must be shared because of this exception, affected family must be alerted unless the order or warrant explicitly states that they may not.
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Sensitive Location Policy - Repealed in 2025
From 2011-2025, this policy limited ICE officers from conducting arrests, interviews, or searches in schools and other sensitive locations, including school bus stops, healthcare facilities, and places of worship. As of January 2025, the Department of Homeland Security's Sensitive Locations Policy has been rescinded. In order to protect those living in Massachusetts, Governor Maura Healey recently signed the PROTECT Act to protect immigrant community members from ICE in courthouses, schools, child care programs, hospitals and churches.
