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A federal choose on Friday rejected Denver Public Faculties’ try and reinstate a federal coverage that handled faculties as “delicate places” the place immigration enforcement ought to solely happen if there may be fast hazard to the general public.
U.S. District Courtroom Choose Daniel D. Domenico mentioned there may be little sensible distinction between the prior coverage, the final iteration of which was issued in 2021 beneath former President Biden, and a pair of memos issued by the Trump administration in January.
“The priority was that there would no limitations or no protections for faculties, essentially, beneath the brand new memo,” Domenico mentioned in a ruling from the bench. “That’s an overstatement. And the truth that there have been no actions on faculty property within the time for the reason that memo was launched right here, or so far as we all know wherever else, highlights that truth.”
Neither the previous nor the brand new coverage fully bans immigration enforcement actions at faculties and different delicate places. The 2021 coverage allowed such actions “both with prior higher-level approval or beneath exigent circumstances.” The brand new steering from the Trump administration instructs ICE brokers to make use of discretion “and a wholesome dose of widespread sense.”
Denver Public Faculties sued the U.S. Division of Homeland Safety on Feb. 12 and requested a preliminary injunction that will have voided the Trump coverage in favor of the earlier iteration whereas the authorized case proceeds. Per week earlier, on Feb. 5, U.S. Immigration and Customs Enforcement brokers had raided house complexes in Denver and Aurora the place some college students lived, which the district mentioned precipitated drops in attendance and widespread concern.
However Domenico mentioned it’s unsure whether or not reverting to the 2021 coverage would have prevented the ICE raid at Denver’s Cedar Run house advanced, which is situated close to a number of faculties.
“I do perceive that attendance is down from final yr, notably in faculties with excessive populations of immigrant households,” Domenico mentioned, referencing one of many principal arguments that Denver Public Faculties made in its lawsuit. “Academics and directors are having to spend some portion of their time responding to those issues.”
However Domenico mentioned Denver Public Faculties failed to indicate how a lot, if any, of that impression was brought on by the Trump administration’s steering “versus broader issues about elevated immigration enforcement.”
Domenico was nominated to the court docket by Trump throughout his first time period as president. Born and raised in Boulder, Domenico mentioned Friday that his mom was a trainer who taught English as a second language to immigrant college students and that he understands that “it’s a tough factor to run a faculty.”
“I don’t suppose DPS has met its excessive burden on this case,” Domenico mentioned.
Domenico’s ruling on the preliminary injunction permits the Trump administration’s steering to face whereas the authorized case continues.
In a press release after the ruling, Denver Public Faculties mentioned that, “Whereas we’re dissatisfied within the choose’s ruling, you will need to be aware that he acknowledged the actual damages public faculties have suffered.
“He additionally acknowledged that there are not any basic variations between the 2021 and 2025 coverage, which had not been identified previous to our court docket ruling.”
Shortly after Trump took workplace in January, his administration abolished a decades-old coverage that handled faculties, baby care facilities, church buildings, and hospitals as delicate places the place immigration enforcement ought to solely happen if there may be fast hazard to the general public.
Denver Public Faculties’ lawsuit argued that scholar attendance has “decreased noticeably” for the reason that delicate places coverage was rescinded. Scholar attendance was down 3% this February in comparison with final February, with drops of as much as 4.7% at faculties that serve many new immigrant college students, in response to a subsequent movement the district filed final week.
The district additionally argued it has been “compelled to divert sources from its instructional mission” to arrange for potential immigration arrests at faculties.
“As well as, lecturers are spending time (a valuable useful resource) responding to fears concerning the 2025 Coverage as a substitute of training college students,” mentioned the district’s most up-to-date movement.
The U.S. Division of Homeland Safety responded in a movement of its personal by saying there have been no immigration raids at faculties for the reason that coverage was rescinded, and that the prospect of such enforcement has not precipitated ample hurt to the district.
The division argued that the drops in Denver’s scholar attendance have been brought on by concern and false stories of ICE raids, not the altering steering. The division additionally mentioned Denver Public Faculties misunderstood the coverage it’s in search of to reinstate.
Attorneys from Denver Public Faculties and attorneys from the U.S. Division of Homeland Safety every had half-hour to make their case at Friday’s listening to as Domenico peppered them with questions.
Domenico repeatedly requested attorneys for Denver Public Faculties what would change if he dominated of their favor and reinstated the 2021 memo. He mentioned there hasn’t been “a single occasion” of the Trump administration’s coverage “leading to somebody doing one thing that wouldn’t have occurred beneath the prior coverage.”
Claire Mueller, an out of doors legal professional representing the varsity district on this case, argued that the earlier coverage offered a degree of certainty that the brand new coverage doesn’t. DPS knew immigration brokers might solely present as much as faculties beneath sure circumstances, which she mentioned “gave the group and its group a sure degree of safety.”
Denver Public Faculties serves about 90,000 college students, about 52% of whom are Latino. Beginning in late 2022, town of Denver noticed an inflow of migrants from Venezuela and different international locations, and the varsity district had enrolled about 4,000 new immigrant college students by the tip of final yr. About 80% of these college students have been nonetheless enrolled this fall, in response to district knowledge.
A federal choose in Maryland quickly reinstated the delicate places coverage with regard to church buildings and different homes of worship, in response to a lawsuit introduced by a number of non secular organizations. However the Feb. 24 ruling didn’t lengthen to varsities.
Melanie Asmar is the bureau chief for Chalkbeat Colorado. Contact Melanie at masmar@chalkbeat.org.