The Denver Public Schools (DPS) system has filed a federal lawsuit against the Trump administration, becoming the first school district in the country to challenge a policy that allows Immigration and Customs Enforcement (ICE) agents to operate on school grounds.
The lawsuit, filed against the Department of Homeland Security (DHS) and Homeland Security Secretary Kristi Noem, argues that the new policy has led to a decline in attendance and forced the district to divert resources to ensure student safety.
"DPS is hindered in fulfilling its mission of providing education and life services to the students who are refraining from attending DPS schools for fear of immigration enforcement actions occurring on DPS school grounds," the lawsuit states, according to the Associated Press.
The legal challenge follows the Trump administration's decision to rescind a long-standing policy that limited immigration enforcement at sensitive locations, including schools, hospitals, and houses of worship. The new directive, the lawsuit claims, was implemented without sufficient justification or consideration of its impact on students and families.
Superintendent Alex Marrero described the policy shift as "devastating" to CBS News, citing significant declines in student attendance following enforcement actions in Denver. "Do we have to really wait until they approach or enter our schools to say, 'OK, it's time to do something?' I think it's time to protect the fact that we are educators, not first responders."
Officials in the district, which serves over 90,000 students—including roughly 4,000 immigrants—have argued that the new policy places an undue burden on schools. The lawsuit contends that DPS has had to allocate additional time and resources to implement policies aimed at keeping students safe and training faculty to respond to potential ICE enforcement actions.
The lawsuit also seeks a temporary restraining order to reinstate the previous federal policy restricting immigration enforcement at schools
"From a legal standpoint, Denver Public Schools´ lawsuit invokes the protection of students' constitutional rights, including the right to education, due process, and equal protection under the law," explained immigration attorney Hector Quiroga to The Latin Times. "This case could set an important precedent and encourage other school districts across the country to follow Denver's lead. Especially in areas with large immigrant populations, we are likely to see a ripple effect of similar lawsuits, as concern for the safety and education of students is shared nationwide.
It's not the first time that DPS has opposed ICE presence in schools . In December of last year, Marrero and the Board of Education reaffirmed their commitment to protecting students from immigration enforcement, stating that DPS policies prohibit such activities on school property.
"Please know that DPS will do everything we can to ensure safe and disruption-free learning environments by protecting our community from any unlawful federal overreach," the district declared weeks before president Trump was sworn in.
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