Denver Public Schools to Argue Before Judge Why Immigration Related Arrests Should Be Blocked Nationwide

A federal judge is set to hear arguments on Friday over whether to block immigration agents from conducting arrests at schools under a policy introduced by the Trump administration earlier this year.

Denver Public Schools (DPS) is seeking a nationwide injunction against the policy, arguing in its lawsuit that the change has already led to a drop in attendance and forced the district to divert resources to address student and family concerns.

The lawsuit, filed against the Department of Homeland Security (DHS) and Secretary Kristi Noem back on February 12, claims that lifting restrictions on immigration enforcement at schools has harmed students and disrupted the district's ability to provide education.

"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.

Previously, immigration agents were required to obtain approval before conducting operations at "sensitive locations" such as schools, churches, and hospitals, with limited exceptions for national security threats. The policy change announced in January shifts that discretion to field agents, who are now instructed to use "common sense" without requiring a supervisor's approval.

While the head of Immigration and Customs Enforcement (ICE) later clarified that arrests at sensitive locations still need supervisory approval, DPS contends the policy's ambiguity has already had a chilling effect on student attendance. "This includes providing mental health support to students, diverting administrator attention from academics to immigration issues, and assisting students who miss school to catch up," DPS lawyers stated in their request for an injunction, as TIME reports.

The federal government argues that DPS has not demonstrated direct harm and therefore lacks standing to challenge the policy. ICE data cited in court filings indicates that immigration arrests at schools have been rare, with only two recorded between 2018 and 2020 and 18 occurring near school grounds.

DPS officials say the district, which serves more than 90,000 students—including approximately 4,000 immigrants—has been forced to implement new policies and training to address the policy's impact. "This case could set an important precedent and encourage other school districts across the country to follow Denver's lead," said immigration attorney Hector Quiroga to The Latin Times back when the suit was filed.

DPS has opposed ICE enforcement actions in schools in the past. In December, before President Trump was sworn in, District Superintendent Alex Marrero and the Board of Education reaffirmed their commitment to preventing immigration enforcement 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"

This legal challenge follows a similar ruling last month when a federal judge in Maryland blocked ICE enforcement operations at houses of worship for Quaker and other religious groups. That ruling, however, applied only to the plaintiffs in that case.