The Human Right to Education and Immigration Enforcement in the United States: ICE in Schools

The Human Right to Education and Immigration Enforcement in the United States: ICE in Schools

Carissa Phan, 2025-26 Iowa UNA College Ambassador from Drake University

The Trump Administration’s aggressive approach to enforcement of U.S. immigration laws has drawn global criticism about U.S. compliance with international human rights commitments. In January 2026, the UN High Commissioner for Human Rights Volker Türk issued a statement charging that the administration’s policies threatened due process, family unity, and basic human dignity. Commissioner Türk’s statement was issued amidst Operation Metro Surge in Minnesota in January and February 2026.

One of the most controversial aspects of the Trump Administration’s approach has been its efforts to detain children in schools which threatens the human right to education. For undocumented immigrants, especially children, schools have been considered safe spaces and "sensitive locations” where immigration enforcement action should not occur. However, in recent operations, Immigration and Customs Enforcement (ICE) has increased its presence on school premises. During Operation Metro Surge, five-year-old Liam Ramos, a preschooler, was taken into custody with his father after returning home from school and taken to a Texas detention center. While ICE is framed the story as taking care of an abandoned child, the superintendent of Ramos’ school, arriving at his home after hearing of the incident, stated that an agent had detained Liam before his father, bringing the child to the front door to ask if anyone was home and using him as bait for his father. Ramos, since released from custody, was one of 4 children in the school district who have been detained. Despite children, regardless of immigration status, having a right to free public education, ICE continues to swarm elementary, middle, and high schools in districts with a larger immigrant population. Due to increased ICE presence in schools, educators are having to navigate the legal system while teaching children during the day.

The relationship between state context and school-level experiences directly correlates with the ICE dynamics in a community, for in restrictive states with harsher immigration enforcement mechanisms, fearmongering around ICE leads to absenteeism, social anxiety and isolation, and poor academic performance for children of undocumented immigrants. Schools in Republican controlled states are more likely to cooperate with ICE, normalize immigration raids, or adopt restrictive policies that mirror immigration policing. These structured choices send messages to immigrant communities that reinforce the idea that immigrant youth are criminal suspects, which racializes them further within educational spaces. In contrast, inclusive states, often controlled by the Democratic Party, tend to foster environments where immigrants feel more social acceptance. Immigrant children in these school systems often have more support, such as ELL programs, college pathways, and counseling. For immigrant youth in the school system, these inclusive policies create a thriving environment, allowing children of immigrants to foster their identity rather than live in fear of being marginalized.

When racialized and developmental issues increase among immigrant and refugee youth, these impose measurable academic consequences. Research proves that stronger immigrant enforcement negatively affects student achievement inside the classroom, for the probability of grade retention rises by 6% while the dropout rate rises to 25.2%. Data provided by CPS also showcases a 14% increase in grade retention and an 18% increase in dropout likelihood among children of unlikely unauthorized immigrants. Heightened fear also factors into absenteeism, which acts as a strong predictor of long-term educational disengagement. Specifically, among Latinx students, there was a 5% increase in absenteeism in correlation with increased in-county level immigration arrests. 

With increased immigration enforcement, fear drives absenteeism in schools among students and parents alike. For example, more than 57% of educators reported increased absences due to immigration fears, with higher rates being in Southern schools where ICE raids are more common. After an immigration raid or parent deportation, students hide for days and stay home, even if this means missing the meals provided at school. Some teachers have lost their students entirely to the fear of being detained, and one teacher recounts losing two students, described as “good kids,” to the fear of deportation. In addition, some students have to miss class to attend parent immigration court hearings, which places greater educational barriers on migrant children. 

Additionally, parental involvement, linked closely to student academic performance, is reported to be much lower in schools that serve poor and immigrant students. Overall, while the survey stated that 44.5% of respondents saw a decline in parent participation, 11% indicated that this issue was a big problem. However, in the South, 53% of respondents viewed parental absence as an issue, and 16% labeled it a significant problem. In enforcement-heavy communities, such as the south, parents often avoid school meetings, IEP conferences, or signing permission slips due to a fear that the documentation could be used against them. In some districts, parents restrict college opportunities for their children by refusing to submit FAFSA forms in fear of it being used against them. 

Across the nation, many immigrant parents are refusing to pick their children up from school or drop them off due to fear of being detained. Even the rumor or threat of ICE presence at schools has altered parents’ behavior, which has had a profound impact on school events and activities. Young children have turned to their teachers for protection, asking, “What happens if ICE comes to our school?” Instead of focusing on educational priorities, educators are now forced to face the harsh reality of their students being taken away.

International criticism of U.S. immigration enforcement policies often focuses on due process rights, the treatment of migrants in detention, and the rights of families to remain united. The consequences of ICE enforcement actions in schools shows that immigration enforcement also has serious implications for the human right to education.