…to an education
All children qualify for a free public education, regardless of immigration status (Plyler v. Doe).
No questions about status: Schools may not ask students or families for immigration information to enroll.
Optional fields: If any form requests Social Security Numbers, immigration status, or other non-required documentation, you may leave it blank.
…to be safe on campus
During school hours and closed events: ICE agents need a signed judicial warrant to enter buildings where access is controlled by school staff.
Administrative subpoenas alone do not require schools to admit ICE or turn over student info—contact the District Attorney Ashley Welch for guidance [(828) 349-7210].
Public events (e.g., games, performances): Law enforcement may enter without a warrant, as these are open to everyone.
...to privacy of student records
Federal protection (FERPA): Schools must keep student records confidential and cannot release them without guardian/student consent or a judicially signed subpoena.
ICE’s limits: An ICE administrative subpoena does not authorize the release of confidential records—only directory information may be shared if district policy allows.
Directory information: May include name, address, photograph, and place of birth—but not Social Security Numbers. Guardians can opt out of directory-information sharing; contact your school to see what’s listed.
Secure storage: Student files should be locked away or stored on password-protected systems, not in public view.
Ask for a warrant: Request to see a signed judicial warrant before allowing entry or releasing records; an “administrative” warrant is insufficient.
Contact legal counsel: Consult with District Attorney Ashley Welch [(828) 349-7210] immediately before complying with any ICE requests or subpoenas.
ICE and student records: ICE may only access “directory information” (e.g., name, address, photo, place of birth). To obtain any other student data, they must present a judicially signed warrant.
Immigration Rights Assistance Request Form
This form is for use by attorneys and other advocates who work with immigrant community members in North Carolina and who are requesting legal assistance for an immigration-related civil rights issue. While this form will be regularly monitored by attorneys from the North Carolina Justice Center and the ACLU of North Carolina, we may not be able to respond to all inquiries.