Voluntary Cooperation With ICE Barred At Fairfax County Schools

FAIRFAX COUNTY, VA — On Thursday, the Fairfax County School Board adopted a policy prohibiting voluntary cooperation with Immigration and Customs Enforcement, aiming to build trust with immigrant families in the school system.

The vote was unanimous to adopt the School Trust Policy for Fairfax County Public Schools, aligning with Fairfax County's Trust Policy passed by the Board of Supervisors in 2021. The policy states FCPS employees should not request citizenship or immigration status of a person unless required by a "valid state or federal law or regulation, judicial warrant, court order or subpoena" or through authorization by the person or guardian.

In Virginia, school districts cannot deny public school admission to undocumented students or investigate students' citizenship or visa status to enroll them in a school. However, a Stanford Center for Education Policy Analysis study found "evidence that ICE partnerships led to meaningful reduction in Hispanic enrollment in public schools" in the U.S. The study found impacts are especially greater among younger students and that many students with an undocumented parent are U.S. citizens.

While the Virginia Department of Education does not track students' immigration status, over 20 percent of the FCPS student population are English language learners. Fairfax County has 17,477 pending cases in immigration court through March, according to TRAC's Immigration Project.

The FCPS School Trust Policy was presented by Mason District School Board representative Ricardy Anderson and Providence District representative Karl Frisch. According to a news release from Frisch, the policy responds to fear from students and parents attending school or school activities over concerns about ICE enforcement.

Frisch cited the example of a former student named Rodrigo who testified in July 2018 to the School Board. Rodrigo told the board he was afraid to tell school staff about being physically hurt at school because he was undocumented.

"Even with our school system's existing commitment to privacy protection, the need for a policy that rebuilds trust with immigrant families remains urgent," added Frisch in a statement. "Fairfax County took the necessary first step. Our school division now joins them by adopting a policy that rebuilds trust in our schools and helps keep families together — critical goals we should all support."

"For too many immigrant families, the trust has been broken," added Anderson in a statement. "To regain their confidence, we must demonstrate in all that we do that we are in the business of education and nothing more. That is exactly what this policy does."

Two organizations that endorsed the policy — immigrant organization CASA and ACLU People Power Fairfax — released a statement in support of the School Board's vote. The two organizations held rallies and knocked on doors to collect hundreds of petition signatures in support of the policy.

"Students go to school to learn new lessons, head out to field trips, make friends, and live whole lives," said Luis Aguilar, Virginia director of CASA. "Educators and administrators should play a big role in a student’s development, not in helping deport their loved ones. Codifying this trust policy will reassure all families regardless of their immigration status the safety that they need."

"FCPS must have enforceable rules, protect personal information and keep families safe from bullying and discrimination," said Diane Burkley Alejandro, lead advocate for ACLU People Power Fairfax. "It is the first policy of its kind in Virginia. We urge other school districts to follow suit."

With the School Trust Policy approval, the School Board directed the superintendent to implement as much as possible for the summer 2022 school session and prepare for full implementation in the 2022-2023 school year. The Student Rights & Responsibilities will have updated language reflecting students' right to their identifying information and citizenship or immigration status be protected from unauthorized sharing.