State superintendent advises schools to prepare legal counsel for ICE interventions

Amid growing concerns following President Donald Trump’s executive orders on birthright citizenship and immigration enforcement, Michigan’s state superintendent is urging school districts to prepare for potential interventions by Immigration and Customs Enforcement (ICE).

The orders have sparked panic and uncertainty among Michigan residents, particularly regarding the thousands of immigrant students enrolled in the state’s school system. However, the Michigan Department of Education has reaffirmed its commitment to providing free public education to all students, regardless of citizenship or immigration status.

According to a January 16 memo obtained by Watershed Voice, State Superintendent Michael F. Rice emphasized that the state remains committed to protecting students from discrimination. “Regardless of their citizenship, immigration status, race, or national origin” students are entitled to public education, the memo states. Rice also noted any incidents of discrimination would be investigated by the Michigan Department of Civil Rights.

In a follow-up memo on January 23, Rice advised school districts to be prepared with legal counsel in the event that ICE or other law enforcement agencies request access to students or their records. He further recommended that districts designate a specific staff member to oversee such legal matters.

“It is recommended that districts establish an internal process for school personnel to follow that includes a district-designated staff member and consultation with legal counsel,” the memo states.

The guidance did not provide explicit instructions on whether schools should permit ICE agents to enter school premises.

Federal funding freeze raises concerns

In addition to immigration policies, Trump’s executive order directing the Office of Management and Budget (OMB) to temporarily freeze federal financial assistance has raised concerns within Michigan’s education system. Many programs rely heavily on federal funding, including Early Head Start, which serves children from birth to age five in low-income families.

However, according to St. Joseph Intermediate School District Superintendent Teresa Belote, the Early Head Start program was not impacted due to state financial backing.

“Early Head Start is a significant grant for the county,” Belote said. “But we have gotten information that this program would not be impacted.”

According to the Department of Health and Human Services, which funds the initiative, Michigan had 20,739 children enrolled in Early Head Start as of 2023.

The funding freeze was temporarily blocked on January 31 following a multi-state lawsuit. Michigan participated in a separate lawsuit challenging the order’s impact on state education programs.

When contacted, the Michigan Department of Education did not confirm whether any state education programs had been directly affected by the funding freeze.

Belote cautioned that uncertainty remains regarding the long-term implications of the order.

“There are still a lot of questions around which funds will be unfrozen and which may be modified,” she said. “It’s going to be a while until we get some clarity around these changes.”

Najifa Farhat is a staff reporter for Watershed Voice.