Changes to Immigration Policy Prompt NASW to Create Resource for School Social Workers
NASW’s Legal Defense Fund Releases Related Article
By Paul R. Pace
In response to the Trump administration’s executive order on immigration, NASW produced a resource to help school social workers support students and stay current on recent immigration policy updates that affect schools.
Included in the executive orders issued when Trump took office are policies related to immigration and deportation that impact school social workers, students and other school personnel.
“The administration also canceled a policy that previously limited immigration enforcement in schools,” said April Ferguson, LCSW-C, the NASW senior practice associate who created the resource.
Discussions regarding the education system’s interactions with U.S. Immigration and Customs Enforcement (ICE) are not new and were a part of conversations with the release in April 2023 of Project 2025, the presidential transition plan from The Heritage Foundation.
“In addition, education personnel have long been a source of support to students impacted by ICE raids that occur outside of schools,” Ferguson said. “However, the administration’s choice to change the policy on enforcement in schools brings the conversation back to the forefront of the educational community.”
Responses to this policy change have varied, with schools developing and providing specific guidance for interactions with ICE. Ferguson said some schools have advised denying ICE entry into the school building without an appointment of business, while others have required approval from the superintendent. Some schools are enacting policies that align with the administration’s stance on immigration enforcement.
“School social workers should seek guidance from administrators and school districts regarding interactions with government entities,” she said. “Check school district websites for guidance and any training and resources that are available to school personnel. For example, New York Public Schools, District of Columbia Attorney General Office, and Chicago Public Schools provided guidance on their websites.”
School social workers also should use trusted resources to stay informed and to support school personnel, students, and their families regarding immigration and the education system.
The National Education Association (NEA) Office of General Counsel Guidance on Immigration Issues provides comprehensive resources, tool kits and guidelines for schools to navigate challenges related to immigration policies. Other resources from the American Civil Liberties Union and local ACLU offices offer guidance to help families understand their rights when interacting with immigration enforcement, Ferguson said.
Legal Article
The NASW Legal Defense Fund (LDF) also published a new article addressing Trump’s executive order on immigration.
The article provides key considerations for navigating ICE presence in schools and health care facilities, says Ashlee Fox, JD, MSW, deputy general counsel at NASW. “Given the essential role social workers play in supporting students, patients and families, this article offers valuable guidance for our communities,” she said.
Written by Fox and Catera Pettway, LDF clerk at NASW, the article says Trump’s executive order revoked numerous directives from the Biden administration, including those related to immigration policies and enforcement priorities.
A significant consequence of this executive order is the removal of restrictions that previously designated certain areas —such as schools, hospitals, places of worship, and other sensitive areas—as off-limits for ICE activities, the authors say.
“Consequently, ICE agents are now authorized to conduct enforcement actions in these settings, a move that has raised concerns among professionals who serve vulnerable populations, including social workers,” they write.
Navigating ICE Presence
With the removal of protections for sensitive locations, schools are no longer exempt from ICE enforcement actions, the article explains.
This change has led to increased anxiety among students, parents and educators, particularly in communities with significant immigrant populations. Under federal law, every child has the right to attend public school regardless of immigration status.
Social workers operating within educational institutions should be prepared to navigate interactions with ICE agents, the article states.
The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records. Under FERPA, schools are generally prohibited from disclosing personally identifiable information from a student’s education records without parental consent, except under specific circumstances, such as compliance with a judicial order or lawfully issued subpoena, the article says.
“Therefore, if ICE agents request access to student records or seek information about a student, social workers should consult with school administrators or legal counsel before releasing any information,” the authors write.
The executive order also permits ICE to conduct enforcement actions in health care settings, including hospitals and clinics. This development has raised concerns that undocumented individuals may avoid seeking much-needed medical care for fear of encountering immigration authorities, potentially leading to adverse public health outcomes, the authors state.
Hospitals are currently creating guidelines and policies for responding to ICE. Law enforcement may enter public areas of a hospital such as the lobby or cafeteria. However, they are not allowed to enter private areas (such as treatment areas) without the facility's consent or a valid judicial warrant, the article says.
In New York, hospitals received a memo explaining that health care workers are not allowed to hide immigrants from ICE. Meanwhile, in Georgia, the Children’s Hospital of Atlanta is taking measures to prepare for encounters with ICE. Staff members were instructed to alert security and avoid answering questions or providing information about patients or their families. In contrast, states like Florida and Texas require health care facilities to ask patients about their immigration status and report the cost of care for undocumented immigrants.
Read the full articles:
School Social Work Resources: Navigating Policy Changes Related to Schools and Immigration and Customs Enforcement (ICE)
LDF Article: Navigating ICE Presence in School and Healthcare Facilities