Idaho Schools Face Privacy Scrutiny Over Migrant Student Checks

DHS Inquiry into Migrant Students Sparks Privacy Concerns in Idaho School Districts

Recent inquiries by the Department of Homeland Security (DHS) into the well-being of unaccompanied migrant children attending Idaho schools have raised concerns among school officials and immigrant advocates regarding student privacy and the potential chilling effect on immigrant families. The inquiries, framed as “welfare checks,” involved DHS agents contacting school districts to confirm the enrollment and attendance of specific students.

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According to emails, a DHS special agent contacted a Caldwell Police Department corporal, who also serves as a school resource officer for the Vallivue School District. The agent stated that the purpose of the checks was to verify the health and welfare of unaccompanied migrant children. The school resource officer confirmed the addresses of at least three Vallivue students and provided information about a home visit he had made to one family. He also verified addresses for the parents or guardians of two additional students.

However, some of the students the agent sought were not enrolled in the Vallivue School District. The school resource officer directed DHS to the neighboring Caldwell School District, where Latino students comprise nearly 63% of the student population, compared to 41% in Vallivue.

Skepticism and Caution in Caldwell

In contrast to the Vallivue school resource officer’s cooperation, the request was met with skepticism by Caldwell school officials. Caldwell’s director of student safety, Eric Phillips, immediately forwarded the email to Superintendent Shalene French.

Phillips expressed his concerns, stating, “I want to believe that they are just checking on health and welfare, but I also don’t want to end up in an immigration operation if that makes sense.”

DHS has maintained that these welfare checks are routine and intended to ensure the safety and well-being of unaccompanied children who arrive at the border without a parent or guardian, protecting them from exploitation. However, Caldwell school officials and immigrant advocates view these checks as a concerning trend, coinciding with increased immigration enforcement efforts.

National Trend of Welfare Checks

Similar “wellness” checks were first reported in Los Angeles around the same time DHS officials contacted the Idaho school districts. Reports indicate that these checks have, in some instances, led to unaccompanied migrant children being taken from their homes and placed back into government custody. Welfare checks have also been reported in other states, including California, New York, and Hawaii. To date, there have been no reports of unaccompanied migrant children in Idaho being taken into custody as a result of these checks.

As the new school year approaches, questions remain about how many Idaho school districts have established procedures for responding to such inquiries and whether other districts have shared student information with federal agents.

Concerns About Sharing Student Information

In addition to Caldwell and Vallivue, several other majority-Latino districts were contacted to inquire about DHS contact. Three districts reported they had not been contacted. Vallivue officials and school board members did not respond to inquiries.

Immigrant students across the country are already facing anxieties related to deportation fears and increased immigration enforcement. In Idaho, school officials and advocates have reported that immigrant families, already wary of deportations, have become hesitant to send their children to school.

During the 2021-2022 school year, over six thousand Idaho students were eligible for the Migrant Education Program, a federal initiative providing support and resources for migrant students. The exact number of unaccompanied migrant students attending Idaho schools is unclear, as schools do not collect information about immigration status.

Impact on Integration and Well-being

Jennifer Podkul, with Kids in Need of Defense, emphasized the importance of keeping unaccompanied children in school, not only for their immigration cases but also for their ability to integrate into society. She noted that many children are already afraid to seek medical help, food assistance, or other resources due to increased enforcement efforts.

Podkul warned that making schools a place of fear due to collaboration with immigration enforcement agencies would have detrimental long-term consequences.

Caldwell’s Response and Legal Considerations

The Caldwell School District superintendent instructed the safety director not to disclose any student information to DHS without a warrant or subpoena.

Travis Manning, chair of the Caldwell School District’s board of directors, expressed concern about the Vallivue school resource officer’s response, suggesting that school information was used to track down undocumented minors. He also questioned the motives of federal agents.

Manning also raised concerns about an executive order stating that state law enforcement agencies should cooperate with ICE to the “fullest extent of the law,” potentially putting students at risk if local law enforcement shares their information with federal agents.

Emails revealed that a Homeland Security Investigations special agent requested attendance and contact information for several unaccompanied immigrant children from both Caldwell’s school security and Vallivue’s school resource officer. The agent stated that the goal was to verify access to food, water, bathroom facilities, safe living conditions, and school enrollment.

DHS Perspective

DHS has stated that the welfare checks are aimed at protecting unaccompanied migrant children from exploitation and trafficking, asserting that the previous administration placed children with sponsors who were actually smugglers and sex traffickers.

However, immigration experts have pointed out that while some unaccompanied children have fallen victim to trafficking, most settle with government-vetted sponsors, often family members.

DHS maintains that it takes the responsibility to protect children seriously and has reunited thousands of unaccompanied children with relatives or safe guardians.

Concerns about Training and Collateral Arrests

Advocates for unaccompanied children are concerned that the welfare checks are being conducted by federal agents without adequate training in child welfare cases. They also point out that these checks have resulted in the arrests of parents and guardians of the unaccompanied children, who are often undocumented themselves.

Legal Framework for Student Privacy

The federal Family Educational Rights and Privacy Act (FERPA) generally prohibits the sharing of student education records without written parental permission. However, “directory information,” which can include a student’s name, address, phone number, email address, date and place of birth, grade level, enrollment status, and dates of attendance, can be disclosed.

Each school district determines what constitutes directory information, and parents must be given the opportunity to opt out of the district sharing it.

Both Caldwell and Vallivue school districts include a student’s name, address, grade level, birth date and place, and period of attendance in school as “directory information” in their policies.

Idaho’s Superintendent of Public Instruction issued a statement reiterating that state and federal law provide all students an “equal right to enroll and participate in public elementary and secondary schools,” urging districts to follow state and federal laws when sharing student information.

School District Policies and Reactions

The Caldwell district superintendent stated that without a legal warrant or subpoena, the district would not disclose any student information. The district also has a policy of not releasing information not required by law, and parents can object to even basic directory information being shared.

The Caldwell School Board chair expressed surprise at the DHS outreach, stating that he had never heard of Homeland Security officials seeking information about students. He viewed it as a political shift coming from the federal government.

Weighing Legal Obligations and Student Safety

Even if sharing basic student information with federal agents is legal, advocates emphasize that schools have a choice about whether to communicate with immigration authorities about students.

One school board trustee expressed concern for undocumented families in Caldwell, noting that some parents have been skipping doctor’s appointments and keeping their children out of school to avoid interactions with law enforcement.

The trustee emphasized the importance of following laws while safeguarding children, ensuring due process, and protecting students.

School officials are unsure whether DHS was able to contact the students. Concerns remain that DHS asking for information about unaccompanied migrant students will exacerbate existing fears among Latino communities.

Advocates emphasize the dire consequences for unaccompanied children, as fear may prevent them from accessing legal assistance and support during deportation proceedings.