Denver Public Schools have sued policies that they say they violate federal law.
On March 7, a federal judge refused to block a new federal immigration enforcement policy that would allow agents to enter schools and arrest illegal immigrants.
“The defendant has not provided any evidence that he has investigated the relevant data or data. For example, the defendant has not cited any evidence in support of a statement that the offender is hiding in the school,” the lawsuit stated.
That means the move was arbitrary and whimsical, in violation of federal law, Denver officials said.
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A DHS spokesperson said at the time that the administration “protects Americans who attend by preventing our schools, places of worship, and criminals and gang members from exploiting these places and taking safe shelters there. The DHS directive gives law enforcement the ability to do their job.”
Since the policy was changed, Denver school officials said school attendance has declined and there have been a number of reported ice attacks around schools. The Denver superintendent told the court that students and parents were arrested in the attack and were terrified of the school community.
Under previous versions of the policy, the DHS components, immigration and customs enforcement agents, made two arrests at school under ex-city circumstances, from October 1, 2018 to October 31, 2020. An additional 18 arrests were made near the school.
They also said the new policy was not significantly different from the previous ones. That 2021 policy said, “We should not take enforcement action at or near the location,” but it is listed as protected, but agents can still make arrests in or near such locations, officials said. The school remains on the protected area list, but agents still need permission before entering the location, they added.
Judge Domenico said Friday how much fears surround enforcement action at schools are not clear to the new rules, as opposed to wider concerns about increased immigration behaviour.
He noted the requirement that authorities receive supervisor approval before entering sensitive areas, and said that fears about the new rules and belief that the old rules provided protection to the schools both appear to be exaggerated.
The Associated Press contributed to this report.
