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ICE agents can now enter schools: Lawyers run through what they can and cannot do

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BALTIMORE — Phones at Griffith Immigration Law in have been ringing off the hook.

"What should I carry with me? What should I do in case I encounter an officer," Law Partner Anna Tijerina explained the frantic calls she's been getting from concerned parents, "They're not taking their children to school; their children are not going to school because they're afraid."

Parents, lawyers and institutions are on edge now that ICE federal agents can enter schools.

The Department of Homeland Security now allows arrests and searches of undocumented immigrants in what they call "sensitive locations."

That refers to places like schools and churches.

But Tijerina told WMAR-2 News agents legally can't just grab children out of schools; they must have a warrant.

"It has to be signed by a judge. If it's signed by an immigration officer, if it's signed by the Department of Homeland Security, it's not good enough."

The Maryland Department of Education released guidelines on potential encounters with agents.

Immigration lawyer breaks down legality of ICE agents in MD schools

The department told educators to contact their superintendent and attorneys if agents come knocking.

And under the Family Educational Rights and Privacy Act, or FERPA, educators are not allowed to release information about students.

But Tijerina said there's a loophole when a school could release a student's info without the parent's consent if they haven't opted out of it.

"If they want their personal information to be protected like their address and the student's name from being disclosed, I would make sure to talk to school employees and make sure they've opted out of that disclosure."

And no school has documentation about a student's citizenship.

She added she thinks agents arresting kids is unlikely.

"The danger here is obtaining information from the children and using that information to either arrest their parents or obtaining information on where they live."

But if a student or parent is arrested, Anna advised them to know their rights.

"You have a right to remain silent, you have a right to ask if you are free to go, and you have a right to request to see a judicial warrant or subpoena."

Following this change, ICE has been posting about large numbers of arrests and detainments on social media.

They also posted on X saying, "Targeted enforcement operations are planned arrests of known criminal aliens who threaten national security or public safety."