Montgomery County elected officials, school leaders and local immigration advocates are making plans and preparations following President Donald Trump’s executive order that makes it easier for the U.S. Immigration and Customs Enforcement (ICE) to carry out mass deportations.
The Associated Press reported Tuesday the Trump administration rescinded 2021 guidance from the Biden administration that created protected areas including areas “where children gather, disaster or emergency relief sites, and social services establishments.”
During a media briefing Wednesday, County Executive Marc Elrich (D) was critical of the decision to allow ICE to enter schools and other “sensitive” areas, and said he was “worried” during the media briefing.
“I wonder how many hardcore criminals they’re going to find within elementary school. That should be very interesting,” Elrich said.
The 2021 guidance established that immigration enforcement actions shouldn’t be taken in or near a place that would limit access to essential services or activities, and according to the Associated Press, officers were generally required to get approval for enforcement operations at sensitive locations.
“Criminals will no longer be able to hide in America’s schools and churches to avoid arrest,” a Tuesday statement from the Department of Homeland Security said. “The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense.”
Montgomery County Public Schools (MCPS) Superintendent Thomas Taylor said the district was watching to see what changes ICE actually makes to its policies and then aligning the district’s practices with any changes.
“We do not intend to let anyone into our buildings without warrants or without proper documentation or without support,” Taylor told Bethesda Today on Wednesday. “We are going to protect the rights of our students.”
Late Tuesday, the Trump administration told federal prosecutors to investigate and potentially prosecute state and local officials who don’t comply with the new immigration plans, The Washington Post reported.
Elrich said the county government is learning more about what these types of ICE raids would look like and what current law says. However, Elrich said the county cannot and will not interfere with ICE’s operations.
“Our police don’t do federal enforcement, so whatever enforcement is going to be done is going to be done by the federal government. We are trying to get some clarity on some of these issues,” Elrich said. “We have protocols, for example, for if somebody comes into schools and says they want to see a person, they usually have to explain why they want to see them. We haven’t yet had a conversation with the school board, but I assure you, we will be having that conversation shortly about what exactly they have to do.”
Jossie Flor Sapunar, a spokesperson with local immigration rights organization CASA, said advocates and immigrants are frightened by this new authority Trump has given to ICE, and are trying to learn more about how it would play out, particularly for school children.
“They’re going to be deporting grandmas and parents. They are separating families … [ICE] will be able to go into schools,” Flor Sapunar said. “What would it mean for an ICE raid to happen at school dismissal time? In the past that was not something done in places that are sacred like churches and schools.”
Diego Uriburu, executive director of Identity Inc. in Gaithersburg, a direct-service organization serving Latino and other historically underserved youth and families, said that during the last Trump administration, immigrant families and those impacted by Trump’s policies were anxious about sending their children to school.
Uriburu, who’s also a co-founder of the Black and Brown Coalition for Educational Equity and Excellence, said he’s concerned the changes would impact a population already facing educational gaps.
“If we are not able to support these communities during this time, then the gap will widen,” Uriburu told Bethesda Today on Tuesday.
But the impact the recent changes have on MCPS, Uriburu said, will depend on how MCPS responds to the issue. Historically, Uriburu said, MCPS hasn’t connected and communicated with affected families adequately. But Uriburu said he’s encouraged by Taylor’s proactive approach.
In November, Taylor sent out a message reassuring students’ safety regardless of immigration status. Although the information included in the message about protected areas no longer applies, the message noted that MCPS doesn’t ask about immigration status or report family information to immigration authorities.
“Gaining their trust is No. 1 [and] communicating effectively with them in a way they understand,” Uriburu said. “And in the worst-case scenario, if for some reason some children are not going to school, how are we going to support them so they can continue to learn remotely?”
Taylor said the school system’s first priority is keeping students safe, and then the district will use its position to keep families informed. Taylor said MCPS has shared resources with community members, discussed with staff the proper action to take if there is an engagement with ICE and are working with partners in county government, including law enforcement.
County school board President Julie Yang said the promises to families and students remained the same — to provide welcoming, inclusive schools. Yang noted that it’s still federal law to educate all K-12 students in public schools.
“Do I have concerns? Yes, I do,” Yang said. “The superintendent has laid out good protocol… . We’re at a good place to handle the changes that may come our way.”
Taylor said the district supports all students and families that are part of the MCPS community.
“We don’t abide fearmongering, we absolutely stand against that type of behavior,” Taylor said. “We stand on the side of our students and families.”
In a Wednesday statement to Bethesda Today, MCPS spokesperson Liliana Lopez said MCPS has “established protocols for interactions between school staff and law enforcement agencies.” She said resources have been made available for staff, families and legal guardians navigating the situation.
“We are committed to providing a high-quality education that meets the needs of all students, regardless of their individual backgrounds,” the statement said. “We do not inquire about the immigration status of our students. Our goal is to ensure that all students have access to the resources and opportunities they deserve.”
County Council President Kate Stewart (D-Dist. 4) said she has been working with Taylor and MCPS staff for a few months to make plans in anticipation of such an executive order.
“[MCPS] is preparing their principals, their school faculty in the case of ICE showing up at the schools,” Stewart said. “They have information that they’ve been sharing also with families, to make sure that they have appropriate paperwork that they would need.”
The MCPS website also shared resources for students and families, which note that schools are prohibited, without parental consent, to provide information from a student’s file to immigration agents without a subpoena. Building administrators also have strict protocols to follow if an ICE agent or other non-local law enforcement comes to a school to inquire about a student, and that families will be contacted in such an occurrence.
The county government’s role in deportations
According to the county’s public information office, the county’s policy is to “not to inquire about anyone’s immigration status, nor does the county conduct any immigration enforcement or investigations.”
However, county policy requires the police department and the county’s Department of Correction and Rehabilitation to cooperate with ICE officials in their work on immigration and customs violations and drug and human trafficking. The county’s arrest and detention information goes to the state and can be accessed by ICE.
When Elrich was asked during Wednesday’s media briefing whether he is concerned about the Department of Justice coming after the county government, Elrich said there is no reason to be concerned as the county has to comply with federal law whether it agrees with the law or not.
“I’ve made it clear to the immigrants I’ve talked to that the county is not going to be able to stand between the federal police and ICE agents if they come here,” Elrich said. “We don’t have the ability to do that. That would surely be interference in the carrying out of [an] executive order.”
Elrich has maintained since Trump’s election that the deportation order is a “federal problem” and not something that county officials or police would be involved in. However, Elrich has also continually pushed back on assertions that Montgomery County is a so-called “sanctuary county” for immigrants.
“Montgomery County is not a sanctuary county. If you were to ask our friends in the immigrant community who wanted us to have little stronger policies, our policies never crossed the border into ‘sanctuary,’ ” Elrich said. “We were turning over violent criminals [to ICE] when we had them.”
Stewart said while it is important to comply with federal law, it is also important to make sure residents are informed about the law and what is happening.
“As local officials, we’re responsible for upholding the rights of our residents and also maintaining our own local authority,” Stewart said. “Enforcement of immigration laws is a federal responsibility, and our responsibility here in Montgomery County is to our residents and making sure they have the most up-to-date information on protecting themselves and keeping their families safe.”
Flor Sapunor said that making sure residents are informed about their rights is key for CASA.
“We’re doing a lot of community building and informational ‘Know Your Rights’ sessions, in case ICE comes knocking on their door,” Flor Sapunor said Tuesday. “We want people to understand that you have the right to keep your door closed. We want people to understand what does a judicial warrant look like versus an ICE warrant? It has to be signed by a judge for it to be a valid warrant.”
Flor Sapunor said the immigrant community is vulnerable and may not understand all of their legal rights, such as the right to remain silent, even as non-citizens, which is why it is important to make sure families have all the information they need. If a deportation is improperly or illegally carried out, that could be precedent for a court case, Flor Sapunor said.
“This moment is going to become something bigger because we’re going to see a lot of loss and a lot of terror,” Flor Sapunor said. “This is going to be tragic, but this is when we look for the helpers.”
While CASA says people should not interfere with ICE’s work, the organization is encouraging bystanders to record information if they witness an ICE raid and report it to CASA’s hotline, 1-888-214-6016, so that the organization can reach out to family members of a person who may be deported.
“You are totally allowed to record not just law enforcement, but also ICE. Don’t try to stop what they’re doing, but report it to CASA,” Flor Sapunor said. “CASA wants to connect with families if their breadwinner is deported – what do they need to survive this moment? We want to follow up on how they can get their food, pay their rent, get mental health support.”