Are NC schools safe for undocumented students? Districts try to reassure worried families
North Carolina school districts are promising to protect the education rights of undocumented students amid concerns from families that immigration raids could now happen in schools.
Last week, the Trump administration ended a policy that had kept “sensitive locations” like schools, universities, churches and weddings largely off limits for immigration arrests.
In response, school districts across the Triangle and Charlotte-area have issued public statements about how they’ll provide safe spaces for students and never ask families about their immigration status. Districts have also said they’re ready to respond if Immigration and Customs Enforcement agents show up on campus.
“Union County Public Schools is committed to maintaining a safe and supportive learning environment for students and employees,” the district said in a statement. “UCPS will adhere to local, state and federal laws and policies regarding immigration matters. Staff members are obligated to safeguard the confidentiality of any private information they access while performing duties.”
Some school districts are stressing how undocumented students have the legal right to attend classes.
“Under the 1982 U.S. Supreme Court case Plyler v. Doe, every child has a constitutional right to public education regardless of immigration status,” Orange County Schools said in a statement. “Orange County Schools believes every child has an equal right to a sound basic education.”
‘No, the schools aren’t safe’
But fears about ICE raids have intensified as President Donald Trump has promised to carry out “the largest deportation operation in history.” ICE has conducted raids across the country over the past week and begun deporting people on military flights.
Natalia Mejia, a multi-lingual teacher in a Cabarrus County middle school, said a student asked if it was OK to jump out the window if ICE showed up at school. Mejia said a parent asked her if they should keep their children at home and whether it was still safe to attend school.
“I had to break their heart and break my heart and tell them, ‘No, the schools aren’t safe. My classroom is not safe, but I promise you, I will always be a safe space,’” Mejia said this week at the Public School Forum of North Carolina’s Eggs and Issues event.
Public school employees are calling its ICE hotline wanting support to think through how to protect students if ICE shows up at school, according to Siembra NC, a local immigrant rights and worker defense organization.
“What do I do?” Mejia said. “And that is a challenge I am facing, because our North Carolina constitution promises all students the right to a fair education, and here I am hearing that my students don’t want to come to school.”
Chapel Hill-Carrboro school leaders acknowledged those concerns in a statement emailed to families on Thursday.
“We recognize the immense courage it takes for many families to send their children to school amid the current concerns,” Chapel Hill-Carrboro Superintendent Nyah Hamlett, school board Chair George Griffin and Vice Chair Riza Jenkins said in the statement.
“These concerns are deeply felt throughout our schools, impacting not only individuals, but also the collective sense of safety and security that is essential for learning.”
‘Collateral damage’ from ICE raids
But Gil Pagan, the director of Raleigh-based Hispanos del Sur, said concerns about school raids are overblown. He cited how the Trump administration has said they’d target “criminal aliens.”
Pagan said any ICE raids are unlikely to happen at an elementary school or middle school.
“Don’t worry about your kid who is 7, 8 or 9 years old,” Pagan said. “How is ICE going to determine if little Miguel is illegal? They’re not going to have a driver’s license on them.”
Pagan said any enforcement action would be more likely to happen at a high school where a 17-year-old or 18-year-old student could have a criminal record.
Members of the immigrant community are worried that there could be “collateral damage” when migrants who don’t have a criminal history are swept up in raids.
“The fear from the community is valid,” Pagan said. “But they need to hold accountable the jurisdiction that won’t hold the student who has the ICE detainer.”
What NC schools will do if ICE shows
In their statements, several school districts said they’ve given updated guidance to principals on what to do if ICE arrives at their campus. The recurring theme is that principals are to consult the district’s legal counsel.
In Durham, the district says administrators “have been appointed to serve as liaisons” between principals and the district’s attorneys, who will “provide legal guidance regarding compliance,” The News & Observer previously reported.
ICE agents can bring an administrative warrant or a federal judicial warrant. Only a federal judicial warrant grants ICE agents the right to entry in the school, according to Wake County’s guidance to principals.
Unless the ICE agent has a federal judicial warrant, Wake told principals the district reserves the right to deny access to staff, students, or school system property for lack of ‘necessity’ absent a legal right of entry or exigent circumstances indicating a threat to public safety.
Charlotte-Mecklenburg Schools shared legal guidance with employees on Jan. 17 advising they are not allowed to voluntarily report students’ immigration status to law enforcement or give legal advice to families. Any officer without a warrant should be denied access to students and student records, according to the guidance.
However, the guidance, which was created Nov. 27 before being shared Jan. 17, still mentions schools as zones protected from ICE enforcement by a 2011 DHS directive. This directive was revoked Jan. 21.
Cabarrus and Gaston county schools have not yet responded to multiple requests for comment.
A Johnston County school spokesperson said Friday that the district is aware of the recent federal change allowing ICE enforcement action in schools. He said the district “is committed to providing a safe, orderly school environment conducive to learning” and “complies with all applicable federal and state laws with respect to student privacy and access to student information.”
A Harnett County Schools spokesperson said Wednesday that the district is currently discussing intended protocols that have not been finalized yet.
ICE arrests in parking lots at NC schools?
ICE agents usually only carry administrative warrants, according to Nikki Marín Baena, co-director of Siembra NC. She said schools should have a policy that says they don’t have to answer questions and can ask ICE agents to leave unless they have a judicial warrant.
There shouldn’t be a huge risk of ICE agents coming inside schools to make arrests, according to Marín Baena. But she said they could see instances where ICE agents follow people and make arrests on school grounds.
“It’s probable we will see reports of ICE making arrests around school parking lots,” Marín Baena said.
Siembra says schools may want to train staff on what to do if they see an arrest in a school parking lot, such as filming the incident and telling the person being detained about their rights.
This story was originally published January 31, 2025 at 5:00 AM with the headline "Are NC schools safe for undocumented students? Districts try to reassure worried families."
