Denver’s school board is considering a major policy amendment that would consider all district properties “safe zones” by requiring a judicial warrant for federal immigration agents to interact with students.

If passed by the board, Denver Public Schools General Counsel Aaron Thompson’s office would be tasked with verifying whether a warrant is valid under the proposed policy.

But during a board work session last week, Thompson appeared uncertain about who is authorized to sign an administrative immigration warrant — a key distinction because the proposed amendment would require a warrant signed by a judge before immigration agents could access school property.

Thompson initially said immigration judges sign administrative warrants.

“No, they do not,” corrected Director Marlene De La Rosa, who previously worked at the U.S. Department of Justice immigration court.

“Okay, well, I’m gonna take your word for it,” Thompson said.

The exchange underscored the difference between administrative immigration warrants and judicial warrants signed by a judge — a distinction central to the policy the board is considering and one which Thompson’s office would be responsible for interpreting.

De La Rosa told The Denver Gazette she is not worried about Thompson’s confusion during the discussion, describing the exchange as part of a broader conversation about how immigration warrants function.

Parents and immigration attorneys The Denver Gazette spoke to, however, said the exchange raised concerns about how the district would evaluate immigration warrants under the proposed policy.

“It’s troubling when the district chief legal counsel is unable to give definitive legal opinions on ICE’s power to patrol and enter our schools,” said Gladys Soto, a DPS parent and a community activist.

Soto’s children attend an elementary school that saw hundreds of immigration students enroll during the crisis that saw nearly 40,000 immigrants arrive in Denver. The immigrants landed in Denver after illegally crossing the U.S.-Mexico border. Their children boosted enrollments at Denver schools.

“This should give the board pause and raise real questions about the reliability of the legal advice it’s receiving,” Soto said. “It’s exactly why the board needs independent legal counsel.”

Neither Thompson nor Board President Xóchitl Gaytán responded to an inquiry seeking comment.

Scott Pribble, a district spokesperson, said the district believes the meeting ultimately made clear that ICE agents would need a judicial warrant — not an administrative warrant — to enter a school building.

As previously reported by The Denver Gazette, U.S. Immigration and Customs Enforcement (ICE) agents have relied on administrative, not judicial warrants.

A federal memo has asserted that administrative warrants — which are issued internally by immigration officials — grant sweeping authority to forcibly enter private residences to arrest someone with a final removal order. While it’s unclear whether the May 12 memo has been used in Colorado operations, a federal judge in November granted a preliminary injunction against warrantless arrests by federal immigration agents in the state.

The federal memo said, in part, “Although the U.S. Department of Homeland Security (DHS) has not historically relied on administrative warrants alone to arrest aliens subject to final orders of removal in their place of residence, the DHS Office of the General Counsel has recently determined that the U.S. Constitution, the Immigration and Nationality Act, and the immigration regulations do not prohibit relying on administrative warrants for this purpose.”

“Immigration officers sign these,” said Cristina Uribe, an immigration attorney in Englewood. “Oftentimes, they’re not even an attorney.”

Supported by an oath, warrants are supposed to describe the place to be searched, as well as the persons or things seized.

The Fourth Amendment protects everyone — regardless of citizenship — from unreasonable search and seizures. This safeguard means law enforcement may not enter private homes without a warrant signed by a judge, which requires probable cause, according to experts.

The best indicator, Uribe said, of a judicial warrant is the signature line. An administrative warrant will indicate that the signee is an immigration officer, while a judicial warrant will say “judge” or “magistrate.”

“Under the proposed language, the district would require more than an ICE administrative warrant before allowing federal immigration agents access to property, records or video recordings,” Pribble said in an email.

“The draft amendment states that DPS employees shall not provide ICE or any federal immigration enforcement agency access to property, records, or video recordings ‘without a valid judicial warrant signed by a federal judge.’”

District policy already does not permit ICE officials on campus.

The amendment the board is weighing would specifically forbid allowing ICE access to school property without a judge’s signature, cooperating with detainer requests, and collecting and sharing student information with federal officials.

Colorado’s “sanctuary laws” already prohibit an employee of a state agency from disclosing any identifying information of a person to assist with immigration enforcement. A new legislation signed by the governor last year extended that to employees of all political subdivisions, such as “home rule” counties and municipalities.

The law, which imposes a civil fine of $50,000 for each violation, includes an exemption for criminal investigations.

The proposed policy at DPS would also prohibit School Resource Officers or SROs from sharing information with federal agents, as well as issuing citations or making arrests that could put a student at risk of deportation.

Under longstanding guidance known as the “sensitive locations policy,” federal agents have avoided enforcement actions in certain locations, such as schools, churches and hospitals. The policy actually allowed for agents to act in limited circumstances requiring intervention. The Trump administration rescinded that guidance shortly after assuming office.

The proposed amendment comes as the public braces for an ICE surge in Denver.

More than 600 miles from the U.S.–Mexico border, Denver became an unlikely hub in the nation’s migrant crisis three years ago when the city began providing shelter and other aid to the immigrants, thrusting Mayor Mike Johnston into the national spotlight. Estimates indicated that half of the 40,000 immigrants who arrived in Denver have decided to stay in Colorado.

To date, no immigration raid has occurred at Colorado’s schools.