DENVER, Colo – A federal judge has rejected Denver Public Schools’ (DPS) attempt to block U.S. Immigration and Customs Enforcement (ICE) agents from conducting raids on school grounds and at nearby educational facilities. The decision was announced on Friday.
U.S. District Judge Daniel Domenico denied DPS’s request for a preliminary injunction that sought to reinstate the previously rescinded “sensitive locations policy.” Under this policy, ICE agents were limited from conducting immigration enforcement operations on school property except under specific circumstances.
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Domenico, appointed by President Donald Trump in his first term, stated that DPS failed to demonstrate a direct link between declining student attendance and the policy’s rescission.
Denver Public Schools Argues Revised ICE Enforcement Policy Instills Fear in Students
In February, DPS became the first school district in the nation to sue the U.S. Department of Homeland Security (DHS) over President Trump’s decision to revoke the sensitive locations policy. The district argued that the policy change had instilled fear among students and their families, making it harder for schools to maintain stable attendance and student engagement.
According to DPS, attendance decreased by 3% this February compared to the same time last year, with attendance drops of up to 4.7% in schools that primarily serve immigrant populations. The lawsuit emphasized the negative ripple effects on teachers, administrators, and the larger school community.
The district also cited the detention of a parent near a school in Chicago as a portion of its reasoning for wanting an injunction against ICE, reports The Denverite.
Judge Cites Lack of Evidence Tying Attendance Decline to Policy Changes
In his decision, Domenico said, “I do understand that attendance is down from last year, particularly in schools with high populations of immigrant families. Teachers and administrators are having to spend some portion of their time responding to these concerns.”
However, the judge stated DPS didn’t sufficiently prove that ICE’s updated policy rather than broader immigration enforcement efforts caused the decline in attendance.
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Further, Domenico highlighted that, to date, there have been no known actions by ICE agents on school property since the updated guidance was issued: “The fact that there has been no actions on school property in the time that the memo has been released here or as far as we know anywhere else highlights that fact,” reports The Denver Post.
Under the previous 2021 directive, immigration enforcement at schools was allowed only under exceptional circumstances or with clear higher-level approval. The revised policy introduced by the Trump administration gives agents broader discretion, advising them to use judgment and “a healthy dose of common sense.”
DPS: Uncertainty Is Fostering Fear and Anxiety Among Immigrants
Claire Mueller, an attorney representing DPS, argued that the rescinded policy provided clarity and security to schools, students, and families, particularly for a district in which 52% of students are Latino. Mueller emphasized that the uncertainty surrounding the new policy fosters fear and anxiety in immigrant communities.
The district pointed to a recent ICE operation at an apartment complex near Denver schools as an example of the harm caused by the policy change. Following the enforcement action, DPS noted significant attendance drops and widespread concern among students and parents.
Homeland Security countered DPS’s claims, contending there has been no enforcement activity at any school properties since the policy was rescinded. DHS argued that decreased attendance figures stemmed from community fear and misinformation about ICE activity rather than concrete changes to enforcement policies.
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While Domenico acknowledged the seriousness of DPS’s concerns, he concluded that the district had not provided sufficient evidence to justify reinstating the 2021 sensitive locations policy through an injunction. He further noted that reverting to the earlier policy may not have impacted the apartment complex raid cited by DPS, as it did not occur on school grounds.
Most Americans Oppose ICE Raids in Schools
Arresting undocumented immigrants in schools, churches and hospitals is not supported by the vast majority of Americans, according to a recent poll. Additionally, arrests of undocumented immigrants in schools saw the strongest opposition, with a 46-point margin: 64% strongly oppose compared to 18% strongly in favor.
On February 24, a federal judge in Maryland temporarily reinstated the sensitive locations policy with regard to houses of worship, but that ruling did not apply to schools, reports Chalkbeat.
