Horne opposes immigration arrests in schools amid Trump administration directive

The state’s schools chief says he is opposed to a new Trump administration directive that could allow immigration officials to pursue people in the country illegally in schools.

The Trump administration threw out policies that restricted where immigration enforcement officials can make arrests. That could lead to arrests in places like healthcare facilities, churches and schools that were previously off limits.

Superintendent of Public Instruction Tom Horne says that people would stop sending their kids to school out of fear for their arrest.

Horne says it would also undermine a Supreme Court ruling that the state cannot refuse to educate children, regardless of their parents’ legal status or their own status.

"People would stop sending their kids to school," Horne told Capitol Media Services, saying they or their parents might be afraid. Anyway, he said, even if a child was brought to this country illegally, "it's not their fault."

What it also would do, Horne said, is undermine a 1982 U.S. Supreme Court ruling which concluded the state cannot refuse to educate children regardless of the legal status of the parents or the students themselves.

On Tuesday, Benjamine Huffman, named by Trump as acting director at the Department of Homeland Security, voided a 2021 policy enacted by the agency's prior director which made enforcement of immigration laws off limits in certain "sensitive locations.'' These included health care facility, religious institutions, playgrounds — and schools.

"Criminals will not longer be able to hide in America's schools and churches to avoid arrest,'' said an agency spokesman in prepared comments. "The Trump administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense."

And this comes on the heels of Trump's separate executive order directing federal agencies to no longer recognize birthright citizenship, something that, on a prospective basis, would deny legal status to the children of those not here legally — and making them subject to arrest and deportation themselves.

Horne said he's not convinced that, despite the new directive, that agents from Immigration and Customs Enforcement will now start showing up at schools.

"If they're going to arrest anybody, it's the parents, not the kids,'' he said.

A press aide for Attorney General Kris Mayes says her office also disagrees with President Donald Trump’s directive, but had no clear advice for schools.