Immigration and Customs Enforcement activities on campuses

Volusia County Schools has provided the following guidance to schools regarding Immigration and Customs Enforcement (ICE) activities on campuses, including how to navigate potential requests for interviews and arrests. This matter has become more pressing after the Department of Homeland Security rescinded prior guidance, allowing immigration enforcement in or near schools.

We are aware that some suggest the District can ignore ICE warrants or subpoenas, arguing they are unenforceable. However, federal and state laws compel compliance with immigration enforcement:

1. Federal Law: ICE is authorized to interview or arrest individuals suspected of being in the U.S. unlawfully without a warrant (8 U.S.C. §§ 1357(a)(1)–(2)). Federal law also prohibits local entities from restricting information-sharing with ICE.

2. State Law: State regulations bar local governments, including the School Board and District, from adopting policies that hinder cooperation with federal immigration enforcement.

3. Legal Implications: The Acting Deputy U.S. Attorney General has warned that obstructing ICE enforcement could lead to federal obstruction of justice charges.

4. Legislative Context: Current state legislation emphasizes the obligation of local entities to fully cooperate with federal immigration authorities.
For those seeking further explanation, additional details are provided below.

Legal Considerations Regarding ICE Enforcement and School District Compliance
Federal Law Supremacy and Local Government Compliance
Local governments, including the School Board and District, cannot restrict the sharing of citizenship or immigration status information with ICE. Under 8 U.S.C. §1373 and §1644, federal law mandates cooperation with ICE, preventing any restrictions on collecting, maintaining, or exchanging immigration-related data.

ICE Authority on Warrants, Subpoenas, and Arrests
ICE has legal authority under 8 C.F.R. §§287.5(c)-(e) to issue warrants, conduct searches, and arrest individuals. 8 C.F.R. §287.4 grants designated officials the power to issue subpoenas, which, if ignored, can be enforced by a U.S. District Court. As a result, the Board cannot obstruct compliance with lawful ICE subpoenas requesting available immigration information, though the District does not collect such data per the Meta Consent Decree.

Florida’s State Law and Mandatory Cooperation
Florida law under Chapter 908, Fla. Stat. prohibits sanctuary policies and mandates full cooperation with federal immigration enforcement. Senate Bill 168 (2019) reinforces compliance by banning policies that impede cooperation and requires adherence to federal detainers. School districts, classified as political subdivisions, fall under these requirements.

The law protects education records under §908.108, Fla. Stat., requiring compliance with FERPA. Student records will only be released if accompanied by a lawfully issued subpoena.

Judicial Precedents and Recent Federal Actions
Courts have upheld Florida’s mandatory cooperation with federal immigration law (City of S. Miami v. Governor, 65 F.4th 631 (11th Cir. 2023)). Furthermore, a Jan. 21, 2025memorandum from the Acting Deputy U.S. Attorney General warns of federal prosecution for officials obstructing ICE enforcement.

Pending Legislative Clarification
The State Legislature is considering a bill mandating cooperation "to the fullest extent possible" with federal immigration enforcement, further strengthening the existing legal obligation of school districts.

Conclusion
The Office of Legal Services will ensure compliance with federal and state laws while protecting students’ rights. While ICE must demonstrate proper authority before conducting enforcement on school campuses, the District cannot adopt policies that actively obstruct federal immigration functions. Please reach out to the Office of General Counsel with any questions or concerns.