Attorney General’s Office releases guidance on legal responsibilities for Minnesota schools regarding federal immigration policy

February 14, 2025 (SAINT PAUL) — Today, the Minnesota Attorney General’s Office released guidance for Minnesota schools regarding their legal responsibilities with respect to federal immigration enforcement priorities. The guidance reiterates that, regardless of changes in federal immigration policy, schools continue to be bound by law to provide public education to students regardless of immigration status, must protect student data, and cannot be compelled to enforce a federal program or changes in federal policies.

The guidance emphasizes that, under state and federal law, Minnesota schools must provide equal access to education to all students regardless of race, color, creed, religion, national origin, sex, marital status, public assistance status, disability, or immigration status. It also recommends that schools ensure their policies do not deny or discourage access to school based on immigration status. 

The guidance also notes how, under the Tenth Amendment to the United States Constitution and well-established precedent from federal courts, including the United States Supreme Court, the federal government cannot compel state or local officials to administer or enforce a federal program. This was true before recent changes to federal immigration policy and continues to be true now.

The guidance then reviews the privacy protection afforded to Minnesota students. Under the federal Family Educational Rights and Privacy Act (FERPA) and the Minnesota Government Data Practices Act, schools are required to protect the privacy of students’ educational records. Both laws allow schools to share limited “directory information” under specific conditions, but otherwise generally prohibit disclosing private student data without consent. 

Directory information is information that is largely not considered harmful or a violation of privacy if disclosed. Examples of directory information include a student’s name, dates of attendance, and honors and awards received. Minnesota law explicitly prohibits K-12 institutions from designating “a student’s home address, telephone number, email address, or other personal contact information” as directory information. Minnesota law also requires schools to give parents and students notice of the right to opt-out of the disclosure of a student’s directory information.

Disclosure of otherwise private student data is allowed in limited circumstances. In general, schools are required to comply with judicial warrants, which are documents issued by a judicial court and signed by a federal or state judge or magistrate. In contrast, schools are not required to comply with administrative warrants, which are issued by a federal agency and signed by an official such as an ICE agent or immigration judge. 

Given that there many different types of documents that immigration enforcement officers may be using to support their requests, staff members should not be expected to determine whether the requestor is entitled to the requested information. The guidance recommends school districts designate a district employee to receive this documentation and serve as a liaison between the district and legal counsel who will help determine appropriate next steps. 

If a member of law enforcement, including an ICE agent, requests access to a student, the guidance recommends the district notify the student’s parents, unless prevented from doing so by the terms of a judicial warrant or subpoena, refer that agent to the designated employee within the district, and consult with the district’s legal counsel to ensure proper protocol is followed.

The guidance then provides recommendations for how districts can take proactive steps to establish, enforce, and communicate policies about how school officials plan to respond to federal immigration enforcement on their campuses, including providing trainings on employee and student rights and responsibilities, sharing with staff and parents the district’s policies related to requests from federal immigration officials, affirm their intention to provide all children with a free public education, and more.

Read the full guidance from the Minnesota Attorney General’s Office here.