U.S. District Court Judge Daniel Domenico on Friday denied a Denver Public Schools motion for a temporary restraining and injunction order to prevent federal agents from arresting immigrants at or near campuses.

Typically reluctant to issue a ruling from the bench and preferring to give a more thorough explanation of his thinking, Domenico said the extraordinary remedy the district sought “was not appropriate.”

Domenico said he does not believe that Denver Public Schools met the high burden to favor the district’s demands.

“I do think the public interest would be harmed by a federal court overturning immigration policy in this way,” Domenico said.

Domenico, who was appointed by President Donald Trump in 2017, also raised worries about the enforceability. 

If schools and bus stops are included in a protected area, then “the entire city would be covered,” Domenico said.

He also said he believes the harms Superintendent Alex Marrero raised is “speculative” based on future activities because no immigration enforcement actions had actually taken place on school property. Those fears, Domenico said, appeared based on a misunderstanding of a perceived guarantee of no enforcement actions in the internal 2021 ICE policy that the Trump administration reversed.

Issued by Department of Homeland Security Sec. Alejandro N. Mayorkas, the memo said that, while enforcement actions in sensitive locations is discouraged, the agency still maintained the ability to conduct such actions.

The memo also stated that the guidance is “not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter.”

Domenico, who was appointed by Donald Trump in 2017, said that, to his thinking, there was little difference between the previous and current policy.

“Legally the change is not as significant,” Domenico said.

The school district had filed the lawsuit after U.S. Immigration and Customs Enforcement agents conducted multiple raids in the metro Denver area last month — one within a mile of two schools.

Believed to be the first filed in the country, the lawsuit seeks a return to the status quo.

Upon being sworn in, Trump rescinded the “sensitive locations policy,” which had been in place in one form or another for more than three decades.

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 earlier confirmed.

Under the policy, federal agents avoided enforcement actions in “sensitive locations,” such as schools, churches and hospitals. Exceptions included imminent threats to public safety or national security.

In reversing the policy, acting DHS Secretary Benjamine Huffman said the decision “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.” 

“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.”

At least two lawsuits have been filed by religious organizations against Department of Homeland Security.

District officials claimed in court filings that the raids adversely affected attendance and the mental health of students worried about themselves or family members getting swept up.

“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,” Superintendent Alex Marrero said in his declaration to the court.

“New-to-country” is the language that school and city officials prefer to refer to the immigrants who arrived in Denver after illegally crossing the U.S. border from Mexico. 

District staffers also 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.  

Federal officials argued that the 30-plus year-old policy is hampering their ability to clamp down on illegal immigration by limiting enforcement actions at or near schools.

“Such a bar on immigration enforcement at or near schools or bus stops could significantly limit immigration enforcement in Denver,” attorneys for ICE said in their response to the district’s motion.