The Trump administration is allowing immigration agencies to make arrests in schools, reversing a policy that previously prohibited them from making arrests in sensitive places like hospitals, schools, and places of worship. This is just one act of many that is making it harder for students without legal status to go to school.
While there have been no confirmed ICE raids on school property in the United States, some people are asking their districts to clarify their policies.
People are asking what will happen if ICE agents come to the neighborhood school looking for one or more students.
Children without legal status have a constitutional right to a free public school education, according to the ruling in Pyler v. Doe, a U.S. Supreme Court case from 1982.
Renata Bozzetto, deputy director of the Florida Immigrant Coalition, says this conflicts with ICE's new directives from the Trump administration.
"It creates this conflict that we are saying that school is a right and we want to have an educated community regardless of immigration status, but also saying 'wait a minute, we will disrupt that,'" Bozzetto said.
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A bill proposed by Sen. Randy Fine (R-Melbourne) and originally listed as “SB 90" added to the tension. The measure targets college students without legal status and was added to the SB-2C package.
SB-2C amends a section of the Florida Statutes. That section allows universities and institutions in the Florida College System to waive out-of-state tuition rates for students without legal status. It applies to students who have attended a Florida secondary school for three consecutive years before going to college.
The bill, as passed and signed into law by Gov. Ron DeSantis Thursday, forces students without legal status to pay out-of-state tuition rates for the remainder of their academic terms.
If they attend Florida Gulf Coast University (FGCU), for example, that would mean paying an out-of-state tuition fee of $25,162 instead of an in-state tuition fee of $6,118.
For Florida Southwestern State College (FSW), the tuition rates vary depending on the certification being sought. But the average in-state tuition is about $3,400 and the average out of state tuition is about $12,978.
“I don’t think we benefit when we create more barriers for people to access education,” Bozzetto said. “We’re talking about individuals who attend high school in the state, who complete high school in our very public school system or private school system, but within the state.”
A move by state Democratic lawmakers to amend the bill to allow students who have already started studying at colleges and universities to pay in-state tuition rates until they graduate was unsuccessful.
Senator Fine also proposed SB 244 that would prohibit a college from enrolling students without legal status if that college has an acceptance rate of less than 85%. The bill did not pass the special legislative session but was filed for the legislative session starting in March.
If eventually passed and signed into law, FGCU, with an acceptance rate of about 75%, would no longer be allowed to enroll students without legal status.
Here’s what different school districts and colleges in Southwest Florida had to say when asked for their policies regarding undocumented students and the potential for ICE raids in their schools:
LEE COUNTY
“The School District of Lee County follows the law. If law enforcement presents a legal warrant or order then we must comply. If a request is made our principals will consult with our legal department to ensure the legal process is being followed.”
“We cannot ask a student about their immigrant status. If a law enforcement agent presents a legal warrant or order then we must comply.”
COLLIER COUNTY
“At this juncture, we have no indication that Federal agents are planning to visit our schools. If that should happen, we will review the issues involved on a case-by-case basis in consultation with our Legal Department.”
“The District does not collect information pertaining to students’ or families’ immigration status. By law, school districts must provide education for all students who attend our schools, while also ensuring they have access to a safe and positive learning environment. We will continue to uphold this important mission as we move forward, while reviewing the issues involved on a case-by-case basis in consultation with our Legal Department. The District follows U.S. Supreme Court and related Federal law on the subject, including student privacy laws and the Federal Educational Rights and Privacy Act.”
FLORIDA GULF COAST UNIVERSITY
“FGCU does not have a written policy on this topic, and we are not able to provide data on undocumented students. Student-specific programming, resources and support are made available to FGCU’s entire student population as part of our comprehensive approach to student success.”
WGCU reached out to the school districts in Charlotte, Glades, and Hendry counties, and Florida SouthWestern State College. We received no response.
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