Denver school board sues Trump administration over ICE policy shift, first in US to take legal action


Denver school board sues Trump administration over ICE policy shift, first in US to take legal action
Representational (AP Photo)

Denver School District sues Trump:Denver Public Schools (DPS) has made history as the first school district in the United States to take legal action against the Trump administration, challenging a policy that permits Immigration and Customs Enforcement (ICE) agents to operate within school grounds. The lawsuit, filed against the Department of Homeland Security (DHS) and its Secretary Kristi Noem, asserts that this policy endangers students, undermines their right to education, and forces schools to divert critical resources away from learning and student support.
Policy shift and its consequences
The controversy stems from President Donald Trump’s decision to lift long-standing restrictions that had previously prevented immigration enforcement in sensitive locations, such as schools. This policy reversal aligns with the administration’s broader effort to intensify deportation efforts. However, Denver Public Schools argue that the move has created a climate of fear among students, particularly immigrant families, leading to a significant drop in attendance and disruptions in educational services.
In its lawsuit, DPS contends that it has been forced to allocate additional resources toward safeguarding students, including training staff on how to respond to potential ICE enforcement actions within schools. The district further criticizes the administration for failing to provide a clear and publicly available directive on the policy change, making it difficult for schools to prepare accordingly.
Policy shift can potentially impact over 4000 immigrant students in Denver
Denver Public Schools, Colorado’s largest school district, serves over 90,000 students, of whom approximately 4,000 are immigrants. More than half of the district’s student population is Hispanic or Latinx. The city of Denver itself has seen a significant influx of migrants, with roughly 43,000 individuals arriving from the U.S. southern border since 2023. Given this demographic reality, DPS argues that the ICE policy shift disproportionately affects its students and families, exacerbating existing fears and educational inequities.
According to various media reports, Elora Mukherjee, director of the Immigrants’ Rights Clinic at Columbia Law School, voiced support for the lawsuit, emphasizing that Denver is taking a stand to protect all children’s right to education, regardless of immigration status.
The legal arguments
DPS’s lawsuit challenges the Trump administration’s decision on multiple grounds. The district claims that the federal government has not provided a compelling justification for rescinding the previous restrictions on ICE activities in schools. Additionally, the lawsuit argues that the administration has failed to consider the negative consequences of the policy change, including increased absenteeism and the redirection of school resources toward crisis management rather than education.
By seeking a temporary restraining order against DHS, DPS aims to prevent ICE from conducting enforcement actions on school grounds, both locally and nationwide. This legal move reflects broader concerns about the potential for federal immigration policies to undermine public education and student welfare.
Federal response and the bigger picture
The Trump administration has yet to formally respond to the lawsuit. However, Tom Homan, a former acting director of ICE and a key advocate for stricter immigration enforcement, has defended the policy shift. He argues that immigration officers should have the discretion to make arrests in any location, including schools, as part of broader efforts to enforce immigration laws.
Homan has emphasized that Congress is responsible for enacting immigration policies, stating that enforcement agencies are merely upholding the laws as written. He maintains that a strong enforcement approach is necessary to deter illegal immigration and address border security challenges.



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