Denver Public Schools (DPS), the largest public school district in Colorado, has made history by becoming the first school district in the United States to file a lawsuit against the Trump administration. The lawsuit, directed at the Department of Homeland Security (DHS) and DHS Secretary Kirstjen Nielsen, challenges the administration’s decision to revoke a policy that designated schools, churches, and other locations as “sensitive areas” where immigration enforcement was restricted. This policy, initially enacted in 2011 under President Barack Obama, was designed to protect vulnerable places where people, especially children, should feel safe and free from the fear of immigration raids. By removing this protection, DPS argues that the Trump administration has created an environment of fear and uncertainty, impacting the ability of schools to fulfill their primary mission of education.
The lawsuit, filed in federal court, asserts that the removal of the sensitive locations policy has forced DPS to divert significant time and resources away from education. Instead of focusing on teaching and supporting students, the district has had to train staff on how to handle potential encounters with Immigration and Customs Enforcement (ICE) agents. This includes instructing staff to deny ICE agents entry without a judicial warrant. DPS also claims that the policy change has led to a decline in school attendance, as many immigrant families are now reluctant to send their children to school out of fear that ICE could target the premises. The district emphasizes that schools should remain a safe haven for all students, regardless of their immigration status. As stated in the lawsuit, “Parents across Denver enroll their children in public schools believing that while at school, their children will be educated and enriched without fear that the government will enforce immigration laws on those premises.”
The sensitive locations policy was established during the Obama administration as a way to balance immigration enforcement with the need to protect sensitive areas where people are most vulnerable. Under this policy, schools, hospitals, places of worship, and other such locations were generally off-limits to ICE agents unless there was an urgent public safety concern. The Trump administration, however, has taken a different approach. Shortly after taking office in January 2017, President Donald Trump signed an executive order that greatly expanded the scope of immigration enforcement. This move aligns with his campaign promise to increase deportations of undocumented immigrants, particularly those with criminal convictions. Since the policy change, ICE has conducted raids across the country, arresting and deporting thousands of individuals, many of whom have been described as “the worst of the worst” by Trump’s Border Czar, Tom Homan.
Despite the lack of any reported ICE raids on school grounds since the policy change, DPS argues that the mere possibility of such actions has had a profound impact on the school community. During the 2023-2024 school year, DPS served over 90,000 students, approximately 4,000 of whom were immigrants. Many of these students and their families now live in constant fear of encountering ICE agents, not only at school but also in their neighborhoods and communities. This fear has led to reduced attendance and a heightened sense of anxiety among both students and staff. DPS estimates that the district has experienced a significant drop in attendance since the policy was revoked, with many families keeping their children home out of fear. The lawsuit highlights the broader implications of this policy change, not just for DPS but for school districts across the country that serve immigrant communities.
The lawsuit also points to the growing immigrant population in Denver as a factor in the district’s concerns. In recent years, Denver has seen a surge in new residents, with nearly 43,000 people arriving from the southern border. This influx has brought diversity and growth to the city but has also increased the vulnerability of many families who are now at greater risk of being targeted by immigration enforcement. DPS, as one of the largest school districts in the state, has a significant responsibility to protect the well-being and safety of its students, many of whom come from immigrant backgrounds. By challenging the Trump administration’s policy change, DPS is not only advocating for its students but also setting a precedent for other school districts facing similar challenges.
In summary, the Denver Public Schools lawsuit represents a bold stance against the Trump administration’s immigration policies and their impact on vulnerable communities. By revoking the sensitive locations policy, the administration has created an environment of fear and uncertainty that directly affects the ability of schools to provide a safe and supportive learning environment. DPS argues that schools should remain a sanctuary for all students, regardless of their immigration status, and that the federal government has a responsibility to protect these spaces. While the lawsuit does not seek monetary damages, it hopes to compel the Trump administration to reinstate the sensitive locations policy, ensuring that schools and other vulnerable areas remain off-limits to immigration enforcement. The outcome of this case could have far-reaching implications for school districts across the United States and the immigrant families they serve.
