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Legal loopholes in internal ICE policy create uncertainty for 'safe spaces'

Delaware Public Media

The Christina School District approved a policy last week designating the district a ‘safe space’ - amid growing concerns of ICE raids.

But ICE’s own internal policy relating to ‘safe spaces’ has loopholes.

ACLU of Delaware staff attorney Ryan Tack-Hooper says ICE’s policy is supposed to be a statement of principle, asking officials to avoid ‘safe spaces’ like schools and churches.

But it’s not legal binding. And while marked school bus stops are also considered ‘safe spaces,' Tack-Hooper says there are exceptions.

 

“Certainly they would be able to say: well we didn’t know it was a school bus stop, and only when school children are present at the stop, and even then – it only prohibits them from taking certain enforcement actions," Tack-Hooper said. "So even then, it’s not clear that it prevents from some kinds of conversations, although it does purport to include interviews.”

 

Tack-Hooper says another potential loophole is ICE officials can take enforcement actions in safe spaces with approval from a supervisor.

“There’s no reason to think that this really creates a bright line of protective places," Tack-Hooper said. "The only thing that creates a bright line is the 4th Amendment to the U.S. Constitution, which does prevent ICE from going certain places without a judicial warrant.”

The ICE policy was created under the Obama administration in 2011. It’s unclear if it’s being followed by the Trump administration.
 

Another exception to the policy refers to individuals said to present an “imminent danger to public safety” which, Tack-Hooper says Trump has argued applies to most immigrants who’ve entered the country illegally.

Delaware’s Department of Education says it hasn’t received any contact from schools or teachers saying ICE has been on the premises.

However, John Sadowski - in charge of the department’s school climate and discipline - says he has seen a couple of cases of bullying related to Hispanic students’ immigration status.

“There was a comment that was made about being sent back to Mexico or something like that,” Sadowski said.

 

A letter sent from Delaware's Department of Education Secretary Susan Bunting to district leaders last month mentioned the state's bullying laws. It also refers to the U.S. Supreme Court case Plyler vs. Doe decision which guarantees education for undocumented students and protects them from civil rights violations.

 
 

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