MN Districts Sue To Restore Rule That Kept ICE Away From Schools For Decades

ST. PAUL, MN — Minnesota school districts and educators filed a federal lawsuit Tuesday seeking to restore a long-standing rule that largely kept U.S. immigration enforcement away from schools, arguing that its removal has disrupted classrooms and driven families to keep children home.

The lawsuit, filed in U.S. District Court in Minnesota, was brought by Fridley Public Schools, Duluth Public Schools, and Education Minnesota, the statewide teachers’ union.

It names the U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, and senior federal officials as defendants, including Homeland Security Secretary Kristi Noem.

For more than three decades, federal immigration policy discouraged enforcement activity at so-called "sensitive locations," including schools, school bus stops, and places where children gather. Versions of the policy date back to at least 1993 and were reaffirmed under multiple Republican and Democratic administrations.

That guidance was rescinded in January 2025, when the Trump administration replaced it with a policy that leaves decisions about enforcement near schools largely to individual agents’ discretion.

According to the complaint, the change has had immediate consequences in Minnesota.

Since December, following the launch of a federal initiative known as Operation Metro Surge, school districts say immigration enforcement activity has expanded near school buildings, bus stops, and school transportation routes.

“Students can’t learn, and educators can’t teach, when there are armed, masked federal agents stationed within view of classroom windows,” said Monica Byron, president of Education Minnesota.

She said enforcement activity near schools has forced educators to focus on safety and crisis response instead of instruction.

“The removal of long-standing protections around schools has had immediate and real consequences for our learning community,” said John Magas, superintendent of Duluth Public Schools. “We’ve seen increased anxiety among students, disruptions to attendance, and families questioning whether school remains a safe and predictable place for their children.”

In Fridley, Superintendent Brenda Lewis said enforcement activity near schools has undermined trust between families and the district.

“When immigration enforcement activity occurs near schools, it undermines trust and creates fear that directly interferes with students’ ability to learn and feel safe,” Lewis said.

The lawsuit does not challenge the federal government’s authority to enforce immigration laws. Instead, it argues that the Department of Homeland Security improperly discarded decades of precedent without adequate explanation, without considering schools’ reliance on the policy, and without following required administrative procedures.

The plaintiffs are asking the court to declare the 2025 policy unlawful and to issue an order barring immigration enforcement within 1,000 feet of school property and school bus stops, except in exigent circumstances or with a judicial warrant.