In a move that has sparked controversy, a progressive law firm based in Maine issued a "Client Alert" to public school officials the day following President Donald Trump's inauguration.
The alert detailed measures that could be taken to counteract the Trump administration's deportation efforts, including the destruction of student records that could reveal immigration status.
As reported by The Post Millennial, the advisory email from the Portland-based Drummond Woodsum law firm was obtained by the Maine Wire. The email read, "The Trump administration has pledged to conduct large-scale immigration enforcement actions targeting illegal immigrants, which may have ramifications for schools. While the situation remains dynamic and subject to change, we understand that our clients are seeking information now and therefore we will address some specific issues below based on the current legal landscape."
The firm's advisory highlighted that traditionally, immigration enforcement actions have not been conducted on school premises due to "sensitive location" policies issued by Customs and Border Protection and Immigration and Customs Enforcement. However, the advisory warned that the Trump administration had indicated it might repeal or disregard this policy. It advised school officials to prepare a plan for potential immigration activities at schools and to provide appropriate training to those who may interact with the officials.
The Department of Homeland Security has since reversed these guidelines, stating, "This action empowers the brave men and women in CBP and ICE to enforce our immigration laws and catch criminal aliens including murderers and rapists who have illegally come into our country."
The advisory also addressed the issue of student information, reminding school officials of their obligations under the Family Educational Rights and Privacy Act (FERPA). The act prohibits schools from sharing personally identifiable information about a student without parental consent or under certain exceptions. The law firm suggested a "simple measure" to combat potential immigration enforcement would be to limit the type of information that schools retain, including refraining from asking about the immigration status of students or their parents or guardians.
The firm advised that if certain information, such as a students place of birth, US entry date, and the date the student started with the school, were collected, "this information should not be stored as part of a students education record and should be destroyed as soon as it is no longer needed."
In response to these actions, Acting Deputy Attorney General Emil Bove issued a memo shortly after Trump's inauguration. The memo stated, "The Supremacy Clause and other authorities require state and local actors to comply with the Executive Branchs immigration enforcement initiatives. Federal law prohibits state and local actors from resisting, obstructing, and otherwise failing to comply with lawful immigration-related commands and requests."
Bove's memo served as a warning, stating that "litigating components of the Department of Justice shall investigate incidents involving any such misconduct for potential prosecution, including for obstructing federal functions" in violation of the law. This highlights the ongoing tension between federal immigration enforcement and local entities seeking to protect their communities, a tension that continues to shape the national conversation on immigration policy.
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