Education panel fails to approve bill that’d keep ICE away from schools, students

Josh Hermerding, a multilingual teacher at Lucy Craft Laney Elementary School in Minneapolis, starts his mornings circling the school looking for federal immigration agents who have been staging within the school’s parking lot for weeks.

Hermerding was among the teachers, students and school administrators who told the House Education Policy Committee Wednesday what they’ve seen during the past six weeks of the U.S. Immigration and Customs Enforcement’s Operation Metro Surge.

Teachers described students carrying birth certificates, passports and tribal IDs, running to school to minimize their time on the street, and failing to attend school altogether. Fridley Schools Superintendent Brenda Lewis estimated that 4% of the district student population, about 112 students, are no longer in the district.

They spoke in support of HF3435, sponsored by Rep. Sydney Jordan (DFL-Mpls). It would compel school employees to not allow federal agents employed directly by the U.S. Department of Homeland Security or other federal immigration agencies from entering schools without providing identification, a written statement of purpose, and a valid judicial warrant in addition to receiving approval from a district superintendent or an official with administrative control for charter schools. If those requirements are met, school officials would be required to limit federal agents’ access of the school to areas where students are not present.

The bill, as amended, failed on a 7-7 roll-call vote along party lines.

While Rep. Peggy Bennett (R-Albert Lea) understands the fear felt by teachers and students due to federal immigration operations is real, this bill is not the answer. “What will solve the problem is if our state and local governments will cooperate so we can get ICE out of our communities.”

Bennett unsuccessfully offered a delete-all amendment that would instead allow the Office of General Council for the Department of Education to issue guidance to school districts and charter schools on their rights and responsibilities regarding law enforcement, if deemed necessary.

“Shifting the responsibility to schools in this situation is not fair nor safe,” said Bennett.

Jordan said the bill is based on the 2011 Sensitive Spaces Memo that was a U.S. Department of Homeland Security policy until rescinded on Jan. 20, 2025, by the Trump Administration. The memo stopped immigration officials from entering “sensitive locations” like schools and churches unless in extenuating circumstances.