Join Chalkbeat Colorado’s free each day e-newsletter to get the most recent reporting from us, plus curated information from different Colorado shops, delivered to your inbox.
A federal choose on Friday rejected Denver Public Faculties’ try and reinstate a federal coverage that handled faculties as “delicate areas” the place immigration enforcement ought to solely happen if there may be fast hazard to the general public.
U.S. District Court docket Choose Daniel D. Domenico mentioned there may be little sensible distinction between the prior coverage, the final iteration of which was issued in 2021 below former President Biden, and a pair of memos issued by the Trump administration in January.
“The priority was that there would no limitations or no protections for faculties, essentially, below the brand new memo,” Domenico mentioned in a ruling from the bench. “That’s an overstatement. And the truth that there have been no actions on college property within the time because the memo was launched right here, or so far as we all know wherever else, highlights that reality.”
Neither the previous nor the brand new coverage fully bans immigration enforcement actions at faculties and different delicate areas. The 2021 coverage allowed such actions “both with prior higher-level approval or below exigent circumstances.” The brand new steerage from the Trump administration instructs ICE brokers to make use of discretion “and a wholesome dose of widespread sense.”
Denver Public Faculties sued the U.S. Division of Homeland Safety on Feb. 12 and requested a preliminary injunction that might have voided the Trump coverage in favor of the earlier iteration whereas the authorized case proceeds. Every week earlier, on Feb. 5, U.S. Immigration and Customs Enforcement brokers had raided condominium complexes in Denver and Aurora the place some college students lived, which the district mentioned brought on drops in attendance and widespread concern.
However Domenico mentioned it’s unsure whether or not reverting to the 2021 coverage would have prevented the ICE raid at Denver’s Cedar Run condominium complicated, which is positioned close to a number of faculties.
“I do perceive that attendance is down from final 12 months, notably in faculties with excessive populations of immigrant households,” Domenico mentioned, referencing one of many primary arguments that Denver Public Faculties made in its lawsuit. “Lecturers and directors are having to spend some portion of their time responding to those issues.”
Domenico mentioned Denver Public Faculties failed to point out how a lot, if any, of that affect was brought on by the Trump administration’s steerage “versus broader issues about elevated immigration enforcement.”
Domenico was nominated to the court docket by Trump throughout his first time period as president. Born and raised in Boulder, Domenico mentioned Friday that his mom was a instructor who taught English as a second language to immigrant college students and that he understands that “it’s a tough factor to run a college.”
“I don’t suppose DPS has met its excessive burden on this case,” Domenico mentioned.
Domenico’s ruling on the preliminary injunction permits the Trump administration’s steerage to face whereas the authorized case continues.
In an announcement after the ruling, Denver Public Faculties mentioned that, “Whereas we’re upset within the choose’s ruling, you will need to be aware that he acknowledged the true damages public faculties have suffered.
“He additionally acknowledged that there aren’t any basic variations between the 2021 and 2025 coverage, which had not been identified previous to our court docket ruling.”
Shortly after Trump took workplace in January, his administration abolished a decades-old coverage that handled faculties, little one care facilities, church buildings, and hospitals as delicate areas the place immigration enforcement ought to solely happen if there may be fast hazard to the general public.
Denver Public Faculties’ lawsuit argued that pupil attendance has “decreased noticeably” because the delicate areas coverage was rescinded. Scholar attendance was down 3% this February in comparison with final February, with drops of as much as 4.7% at faculties that serve many new immigrant college students, in line with a subsequent movement the district filed final week.
The district additionally argued it has been “compelled to divert sources from its instructional mission” to arrange for potential immigration arrests at faculties.
“As well as, academics are spending time (a treasured useful resource) responding to fears in regards to the 2025 Coverage as an alternative of teaching college students,” mentioned the district’s most up-to-date movement.
The U.S. Division of Homeland Safety responded in a movement of its personal by saying there have been no immigration raids at faculties because the coverage was rescinded, and that the prospect of such enforcement has not brought on ample hurt to the district.
The division argued that the drops in Denver’s pupil attendance have been brought on by concern and false studies of ICE raids, not the altering steerage. The division additionally mentioned Denver Public Faculties misunderstood the coverage it’s looking for to reinstate.
A federal choose in Maryland briefly reinstated the delicate areas coverage with regard to church buildings and different homes of worship, in response to a lawsuit introduced by a number of spiritual organizations. However the Feb. 24 ruling didn’t lengthen to varsities.
Melanie Asmar is the bureau chief for Chalkbeat Colorado. Contact Melanie at [email protected].
