Press Releases

NCYL calls on Minnesota State Legislature to Protect Students in Wake of Federal Immigration Enforcement

Letter to lawmakers raises major concerns around application of school attendance law

For Immediate Release

The National Center for Youth Law (NCYL) is calling on the Minnesota State Legislature to take immediate action to protect students and school districts impacted by the federal government’s recent immigration enforcement operations in the state. In a letter sent today to state lawmakers, NCYL raises urgent concerns about the implementation of Minnesota’s chronic absenteeism laws during a time of widespread fear and disruption across the state.

“Ensuring that students are regularly attending school is critically important,” said Johnathan Smith, Chief of Staff and General Counsel at NCYL. “However, many students across Minnesota are justifiably afraid to leave their homes for fear that they or their family members may be unlawfully detained by Immigration and Customs Enforcement (ICE) or other federal agents. The state legislature should take action to protect these students and school districts so they are not penalized due to actions that are beyond their control.”

Minnesota law requires schools to drop students from enrollment after 15 consecutive absences, excused or unexcused, under the so-called “15-Day Drop Rule.” A recent statutory amendment also mandates that school districts notify the Minnesota Department of Education (MDE) when students unenrolled under this rule fail to respond to outreach. At the same time, the federal government’s recent unprecedented influx of immigration enforcement agents into Minnesota, dubbed Operation Metro Surge, has resulted in widespread arrests, detention, and civilian deaths, and has generated widespread fear across the state. 

Immigration enforcement activities and operations have also taken place on or near school campuses, causing attendance to plummet in districts serving large immigrant populations. Under current law, those absences could trigger automatic unenrollment, jeopardizing students’ educational success and critical funding for school districts.

NCYL’s letter encourages the Minnesota State Legislature to take immediate actions to ensure school districts are held financially harmless for enrollment fluctuations tied to federal immigration enforcement activity. It also encourages the State to issue clear guidance to school districts and families about the implementation of school attendance laws and policies in light of Operation Metro Surge. 

Timely legislative action can send a powerful message to students and families across Minnesota that their safety, stability, and right to education remain valued.

The letter is one of many recent actions taken by NCYL to address the surge of federal immigration enforcement in or around schools across the country. On Wednesday, March 11, at 4 p.m. ET, NCYL will host a virtual conversation with Brenda Lewis, Superintendent of the Fridley School District in Minnesota. Lewis has been on the front lines of resisting federal efforts to use schools and students as part of their immigration enforcement efforts.

Register for the March 11 online event here (4 p.m. ET / 1 p.m. PT)

This week’s event follows a February webinar hosted by NCYL with national education leaders and advocates to discuss practical tools for protecting students’ rights and helping to ensure that schools can be places of safety and learning.

###

The National Center for Youth Law centers youth through research, community collaboration, impact litigation, and policy advocacy that fundamentally transforms our nation’s approach to education, health, immigration, foster care, and youth justice. Our vision is a world in which every child thrives and has a full and fair opportunity to achieve the future they envision for themselves.