The Trump administration has argued that restricting immigration enforcement at or near schools would hinder efforts to curb illegal immigration.

This response came as Denver Public Schools sought a temporary restraining order and an injunction to prevent the rollback of a policy limiting such actions in sensitive locations.

Earlier this month, the school district filed what is believed to be the first lawsuit against U.S. Immigration and Customs Enforcement (ICE) over the order.

“Such a bar on immigration enforcement at or near schools or bus stops could significantly limit immigration enforcement in Denver,” attorneys for ICE argued in the agency’s response.

The Trump Administration argued in court documents that because of the size of the district, with more than 200 schools, “much of Denver is close to a school.”

Under a long-standing procedure known as the “sensitive locations policy,” federal agents avoided enforcement actions in certain locations, such as schools, churches and hospitals. Exceptions included imminent threats to public safety or national security.

President Donald Trump rescinded this policy shortly after assuming office.

District officials argued in their filing that ending the 30-year policy was “arbitrary and capricious.”

While district officials acknowledged that ICE agents have not visited campuses since the long-standing practice was ended, Superintendent Alex Marrero contended in the filings that the raids that took place last week affected attendance.

“Since the rescission, there has been a noticeable decrease in school attendance across all schools, but particularly those schools that are in an area where there is a large population of new-to-country families and where ICE raids have already been occurring,” Marrero said in his declaration to the court.

“New-to-country” is how Denver official often refer to immigrants who ended up in Colorado after illegally crossing the southern border. 

One of the raids earlier this month happened near a school bus stop, according to the complaint, and the operation that targeted residents at the Cedar Run Apartments in Denver occurred within a mile of two schools.

The Trump administration argued that the district did not present any evidence that ICE agents had entered school grounds. 

“The Superintendent does not allege any entry by immigration enforcement officers onto the grounds of any DPS school, or indeed at any school in the state or country, and he does not identify any impending enforcement actions,” Trump attorneys said in their response.

Short of restoring the protections for sensitive locations, Marrero said he believes district staff would continue to spend a “significant amount of time and resources to activities other than DPS’s educational mission.”

‘No longer be able to hide’

In their filing, federal officials said the guidance has often changed.

While the policy has been expanded, as recently as under the Biden administration, one has been in place since at least 1993. A precedent was set under the agency that predated ICE — which was formed in 2003 — under the U.S. Immigration and Naturalization Service (INS). The INS policy, however, was not formal nor widely publicized.

The federal government argued in its response that ICE’s guidance, even under the Biden administration, “did not bar immigration enforcement actions at schools, but permitted such actions either with prior higher-level approval or under exigent circumstances.”

District staffers reported daily reports of ICE agents “near or around schools,” as well as enrollment declines by more than a third. The Trump administration argued that the district failed to submit evidence that “shows the extent of this decline” in attendance.   

In reversing the long-standing practice, Acting Department of Homeland Security Secretary Benjamine Huffman has said the new order allows agents to go after criminals.

“Criminals will no longer be able to hide in America’s schools and churches to avoid arrest. The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense,” he said. 

Ahead of Trump’s inauguration, Marrero provided staff guidance and training to those who may be tasked with dealing with immigration authorities under the administration’s new mass deportation effort. In his guidance to school leaders, Marrero suggested determining the purpose for an ICE visit, inquiring about a warrant or court order and calling the district’s general counsel.

The immigrants who arrived in Colorado — particularly in Denver — over the last two years have strained the education system, leading Gov. Jared Polis to sign a bill last year authorizing $24 million from the state education fund for the 2023-2024 budget year. Every student in the U. S. — regardless of immigration status — is guaranteed a public education under a landmark U.S. Supreme Court decision in 1982.