Denver Public Schools has filed a lawsuit against the U.S. Department of Homeland Security to effectively prevent federal agents from arresting immigrants unlawfully living in the country on school campuses.

The lawsuit, filed in U.S. District Court on Wednesday, seeks to pause — while the case finds its way through the legal system — the Trump administration’s decision to lift an order shielding “sensitive” locations, such as schools and churches, from immigration enforcement operations.

No such arrests of students have occurred on the district’s campuses since President Donald Trump’s inauguration.    

“For at least the last 30 years, DPS’s goal of providing a safe environment for its students and their families was buttressed by the federal government’s policy not to enforce immigration laws in ‘protected areas’ such as schools, as well as houses of worship, and hospitals,” the complaint states. “Thus, parents across Denver enroll their children in public schools believing that while at school, their children will be educated and enriched without fear the government will enforce immigration laws on those premises.”

Under a long-standing guideline 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.

Trump rescinded this policy shortly after assuming office. His acting homeland security secretary said the move ensures that law enforcers’ hands will no longer be tied. The Trump administration “instead trusts them to use common sense,” the official said.

Immigration agents have not been on campuses since the policy was rescinded, school officials have confirmed.  

In their filing, district officials argued that ending the 30-year policy was “arbitrary and capricious.”

“By all accounts, the new DHS policy gives federal agents virtually unchecked authority to enforce immigration laws in formerly protected areas, including schools,” the complaint states. “As reported to the public, the sole restraint on agents is that they use their own subjective ‘common sense’ to determine whether to carry out enforcement activities at formally safeguarded locations such as schools.”

Bill Good, a Denver Public Schools spokesperson, said that he believes the lawsuit is the first in the country filed by a school district.

“We are not aware of another school district that has,” Good said.

There have been at least two lawsuits filed against DHS by religious organizations.

DHS officials could not be immediately reached for comment on Thursday.

‘A noticeable decrease in school attendance’

While district officials maintained that agents with the U.S. Immigration and Customs Enforcement have not been on campuses since Trump rescinded the long-standing practice, DPS Superintendent Alex Marrero contended in court documents that last week’s raids 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 the language used by school officials to refer to immigrants who arrived in Denver in the past two years after illegally crossing the U.S. border.    

One of the raids last week happened near a school bus stop, the complaint states, adding the raid targeting residents at the Cedar Run Apartments in Denver occurred within a mile of two schools.

District staffers talked about daily reports of ICE agents “near or around schools,” as well as enrollment declines by more than a third, according to exhibits attached to the complaint. 

Others reported on the amount of time spent addressing issues arising from the recession to include responding to reports of ICE on campus, comforting children and hosting “know your rights” seminars for students and parents, the exhibits said. 

“I also witnessed firsthand the emotional distress of students and teachers — people were visibly upset and anxious, and I heard reports of students directly impacted by the raid, including one student whose father had been detained by ICE and two student siblings who had both of their parents detained,” Marrero said in court documents.

In the incident of ICE detaining the parents of two siblings, Marrero said district officials coordinated with DHS to put them into state care.

“From my observation, it was not possible for teachers or students to focus on education,” Marrero said. “Not only were people fearful following the raids, but they also did not have any guarantee that the next raid would not be at the school.”

Without restoring the protections for “sensitive locations,” Marrero said he believes district staff will continue to spend a “significant amount of time and resources to activities other than DPS’s educational mission.”

‘No longer be able to hide’

The lawsuit questioned whether enforcement actions in “sensitive locations” are necessary for ICE agents to conduct their work, citing a 2021 memo from former DHS Secretary Alejandro Mayorkas that expanded the guidelines on such places.

“The fundamental question is whether our enforcement action would restrain people from accessing the protected area to receive essential services or engage in essential activities,” Mayorkas wrote in an Oct. 27, 2021 memo. “Our obligation to refrain, to the fullest extent possible, from conducting a law enforcement action in or near a protected area thus applies at all times and is not limited by hours or days of operation.”

Mayorkas said the federal government can accomplish enforcement without denying or limiting access to schools, medical care, emergency shelters and places of worship.

Acting DHS Secretary Benjamine Huffman reversed this on Jan. 21.

“This action empowers the brave men and women in (U.S. Customs and Border Patrol) CBP and ICE to enforce our immigration laws and catch criminal aliens — including murderers and rapists — who have illegally come into our country,” the DHS official said.

“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.”

Ahead of Trump’s inauguration last month, Marrero provided guidance and training to staff who may be tasked with dealing with immigration authorities under the new administration’s mass deportation effort.

In his guidance to school leaders, Marrero suggested they determine the purpose for the visit, inquire about a warrant or court order and call the district’s general counsel, among other things.

The immigrant students who enrolled in Colorado’s schools, particularly Denver, have strained the education system.

Last year, Gov. Jared Polis signed a bipartisan bill authorizing $24 million from the state education fund for the 2023-2024 budget year. Under the new law, Colorado will distribute a one-time payment of $4,500 for each “new arrival student.”

Every student in the United States — regardless of their immigration status — is guaranteed a public education since a landmark U.S. Supreme Court decision in 1982.