CAMDEN-ROCKPORT — With the tense uncertainty of Homeland Security's Immigration and Customs Enforcement (ICE) removal operations, and where and when they might take place, at least two Midcoast school districts will not be caught without a plan.

Five Town CSD and Camden-Rockport's School Administrative District 28 Superintendent Maria Libby informed the CSD Board of Directors in Feb. 5 memo that the districts have drafted guidance, "on what to do if an Immigration and Customs Enforcement Officer approaches one of our schools."

The CSD meets Feb. 5 for a regularly scheduled meeting, at 7 p.m., Rose Hall Meeting Room, on Knowlton Street in Camden. See attached PDF for the meeting packet and agenda, which also includes an update on next steps for the high school maintenance issues following the defeat of a $7.3 million bond at the polls three weeks ago, as well as the initial review of the CHRHS's proposed 2026 budget.

ICE

Libby said that all students at school, "are protected by the 1982 Plyler vs Doe Supreme Court decision that held that all students in a state are entitled to an education regardless of immigration status in addition to DHS guidance that schools are 'sensitive locations' which require prior written approval before conducting enforcement actions."

That case, first raised in 1975 following Texas legislative action, concerned the question of whether denying undocumented children of illegal immigrants the right to attend public school constitutes discrimination based on alienage that violates the Equal Protection Clause of the Fourteenth Amendment. The U.S. Supreme Court ruled yes, it did.

Libby wrote further in her memo to the school board: "However, there are limited exceptions to that policy, and the Trump administration has declared an end to that long-standing policy. Our protocol is for the school principal to meet the agent at the door, collect any identification or paperwork presented, and then consult with our legal counsel and contact the student’s parents before allowing the agent into the building.

"Until we know for sure otherwise, ICE officials may only enter a school if they have a federal court warrant (judicial warrant), which is issued by a District Judge or Magistrate Judge of a U.S. District Court. An ICE administrative 'warrant' (which can be issued by any authorized immigration officer) by itself is not sufficient."

Libby also sent a note to parents of students advising them of district protocol. It follows:

Protocol: Immigration Officer Presence at School

School Administrative Assistant/Other staff member approached:

1.   Greet the official and ask them to wait outside the school.

2.   Inform the school Principal and Superintendent of their presence.

School Principal:

1.  Meet the ICE officer at the school entrance, where all visitors are screened for entry.

2.  At the entrance, request the ICE officer’s name and ID, the phone number of the officer’s supervisor, and the reason for the visit during school hours.

3.  Obtain any documentation from the officer (e.g., subpoena; search warrant; arrest warrant) and make copies.

4.  Advise the officer that you, the school official, are required by district protocols to notify and obtain guidance from the district’s legal counsel before letting them in the school.

5.  Advise the officer to wait outside the school building while you obtain guidance from district legal counsel.

6.  Consult with district legal counsel and provide them with the details and documentation obtained from the officer.

7.   Wait while legal counsel reviews the materials you provided. Do not take action until you obtain clear instructions from district legal counsel.

8.  Keep notes of the date/time, names and titles of the agents, who you contacted at District Office, the name of the student or staff member they are inquiring about (if known), etc.

9.  Contact the parents or guardians of the student(s) in question immediately after consulting with district legal counsel.

10.  If the ICE officer fails to comply with instructions, do not physically attempt to interfere with any enforcement action. If an ICE officer tries to forcibly enter the building, call the police.

11.  Take the action advised by legal counsel.

Libby said that Maine superintendents have been informally sharing their plans with one another and they are receiving some guidance from the Maine School Superintendents Association, the national School Superintendents Association and the districts' attorney, Drummond Woodsum.

The national School Superintendents Assocation has offered, "An Education Leader’s Checklist in Preparation of Potential Immigration Enforcement" at its website, but the article that focuses on "Six items school leaders should take action on in preparing for potential immigration enforcement" is exclusive to members only.

Gender

In addition to the update on how the schools will receive ICE officials, should they appear on school grounds, the school board also received a note from Libby regarding one of President Trump's recent executive order, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government."

That order includes: "It is the policy of the United States to recognize two sexes, male and female," as Trump wrote. "These sexes are not changeable and are grounded in fundamental and incontrovertible reality." 

That order, she said, applies only to the federal government and its agencies and does not inhibit the force of Maine law or locally adopted school board policies.

"Maine school administrative units, including ours, are expected to abide by the Maine Human Rights Act, which prohibits discrimination in education on the basis of sex and sexual orientation, which includes gender identity and expression," Libby wrote to the board, in her memo.