AZ attorney general has advice for schools on immigration enforcement. Here’s the guidance

• Attorney General Kris Mayes informed Arizona schools that they generally do not have to allow immigration officials entry to nonpublic areas of campus without a valid warrant.
• Mayes emphasized that all students, regardless of immigration status, have a right to a free public education in Arizona.
• The guidance comes after the Trump administration rescinded a policy that largely prohibited immigration enforcement at “sensitive” locations, including schools.

Arizona’s Democratic attorney general has issued guidance to K-12 schools and colleges following the Trump administration’s rescission of a policy that had largely barred immigration enforcement at schools.

In a letter sent last week, Attorney General Kris Mayes addressed what she described as “one of the most important and frequent questions right now”: whether schools must allow immigration officials to enter nonpublic areas of campus.  

“The answer to that question will frequently be ‘no,’” Mayes wrote.  

Mayes wrote that except in emergencies, schools should “confirm that the law enforcement officer is acting pursuant to a valid judicial warrant” if federal immigration authorities “seek access to a student while on school grounds.” That warrant must be “signed by a neutral judge or magistrate based on a finding of probable cause.”

Schools are not required to permit entry to immigration officials based on ICE administrative arrest warrants, which are frequently used by federal immigration officers to perform their duties, she said. Mayes added that schools generally may not release students’ personally identifiable information unless in response to a judicial order or lawfully issued subpoena.  

Mayes noted in her guidance that all students in the U.S. are entitled to a free public education, regardless of immigration status. That right was established by the 1982 Supreme Court decision Plyler v. Doe. The Arizona Constitution also guarantees access to a free public education for all children between ages 6 and 21 who reside in the state, Mayes wrote.  

Mayes advised schools to “proactively plan for how to respond to the possibility of federal immigration enforcement” and “clearly communicate” the plans to students and parents.  

“Confusion itself can cause great harm — leading to fear and changes in behavior, such as not attending school,” Mayes wrote.  

Mayes’ advice echoes guidance that has been given to schools by other Democratic attorneys general and advocates nationwide in response to President Donald Trump’s threats of heightened immigration enforcement.  

Trump’s Department of Homeland Security in January rescinded a long-standing U.S. Immigration and Customs Enforcement policy that had largely prohibited immigration enforcement at or near “sensitive” locations like schools and churches. Lawsuits have since been filed to challenge the policy change, including by Denver Public Schools. A federal judge has temporarily blocked ICE enforcement at or near places of worship in response to a lawsuit from Quaker groups.

Some Arizona school districts and governing boards quickly reacted to the rescission of the sensitive locations policy. Among them was the Phoenix Union High School District, which in January told families that the district’s campuses were “safe zones” for all students “regardless of citizenship status.”  

Phoenix Union’s Governing Board also adopted a resolution outlining plans for responding to requests by ICE for school access or student information. It stated the district does not collect information on students’ immigration status. Governing boards of Phoenix-area school districts, including Fowler Elementary, Balsz Elementary, Cartwright Elementary and Tempe Union have adopted similar resolutions.  

Arizona Superintendent of Public Instruction Tom Horne, a Republican, said he does not think ICE agents will enter Arizona schools to detain children. Horne said he thinks the policy change was intended to allow immigration officials to enter a school “if someone they want to arrest is hiding there.” He cited Acting Department of Homeland Security Secretary Benjamine Huffman’s statement that the policy change would mean “criminals will no longer be able to hide in America’s schools and churches to avoid arrest.” 

Horne said in January that the Arizona Department of Education, which he runs, was not planning to issue any formal guidance to schools related to immigration policy changes.

Will Arizona higher ed institutions cooperate with immigration officials?

A student group at Arizona State University named College Republicans United in January hosted a tabling event on the Tempe campus, calling on other students to report their peers to ICE. Several lawmakers and hundreds of students and community members called for the event to be barred from campus, but it was ultimately permitted by university officials who said they disagreed with the sentiment, but would not stop the group from meeting or discipline its members. 

“Encouraging ASU students to make indiscriminate complaints to law enforcement about fellow students is not in keeping with the principles which underlie our academic community,” a statement from an ASU spokesperson read. 

The handful of people with the club talked to very few students and ultimately left after being surrounded by hundreds of people marching in a peaceful protest.  

A university spokesperson confirmed that no ICE agents had been on ASU’s campus. They said, typically, immigration officials would have a warrant and would coordinate with university police beforehand. 

“It is the same way we would work with any law enforcement personnel that came onto our campuses,” they said. 

The University of Arizona directed school employees to cooperate with non-university law enforcement in a broad communication about changing federal guidelines in higher education. An excerpt of the expansive document specifically told employees not to ”physically block or interfere with their entry or actions” and contact university police. 

Another section specified that the university will release personal information “when legally required or in response to a valid court order, subpoena or warrant.” UA officials also highlighted existing resources for international faculty, staff and students. 

The Maricopa Community College District sent immigration-related guidance to all employees in early February, according to a statement from the district. Each of the district’s colleges has designated people who have received training and can provide direction and support on responding to immigration inquiries, the statement said.

Attorney general’s guidance notes bullying prevention in schools 

José Patiño of Aliento, an advocacy group that provides support for the immigrant community, said his organization has focused on reaffirming students’ right to a public K-12 education regardless of their citizenship status — something he said many families and educators do not know.  

Most of the group’s work focuses on schools in Maricopa County, prioritizing ways to make students from immigrant families feel more included and prevent bullying based on a student’s immigration status.  

Mayes’ guidance specifically highlighted bullying and harassment, noting laws that bar harassment on the basis of race and national origin. School district governing boards are required to supply ways for students and parents to report bullying anonymously, according to Arizona law. 

While Patiño believes it’s unlikely for ICE agents to enter schools, he said he’s alarmed by growing division or the possibility that anyone would try to prevent a child from going to school. 

“It just feels like I don’t recognize this country anymore,” Patiño said. 

Madeleine Parrish covers K-12 education for The Arizona Republic. Reach her at mparrish@arizonarepublic.com.

Helen Rummel covers higher education for The Arizona Republic. Reach her at hrummel@azcentral.com. Follow her on X, formerly Twitter: @helenrummel.