SIOUX FALLS, S.D. (KELO) – The Trump administration continues its campaign to end illegal immigration, all while international students continue to be a neighborhood target for U.S. Immigration and Customs Enforcement (ICE).
One Sioux Falls-based organization wants South Dakota immigrants to be prepared.
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“I think we’re all scared,” Taneeza Islam, CEO of South Dakota Voice for Peace, said. “Anyone who believes in democracy and believes in our constitution, we’re all scared… once we start seeing the rights and protections of a certain group starting to erode, it’s very easy to start thinking through who’s the next group?”
Over the past week, reports from Minnesota showed that ICE detained international college students from the Twin Cities and Mankato. At least five students from Minnesota State University, Mankato, had their visas and records terminated by the Department of Homeland Security (DHS), according to university president Edward Inch in a statement to students and staff.
“These are troubling times, and this situation is unlike any we have navigated before,” Inch said in his statement. He asked the community to stand together in support of the school.
As of April 4, KELOLAND News received no reports of ICE activity at South Dakota schools. In South Dakota, over 2,200 international students attend a public university and at least 250 attend a private higher institution, presumably under a student visa as required by law.
Since we’re in troubling times, as Inch said, South Dakota Voices for Peace wants immigrant students and staff to recognize their rights to education in the U.S.
“I like to also talk about this as a fire drill,” Islam said. “None of us want to fire in our building, but we all need to know what to do.”
To help people prepare and create a plan of action, South Dakota Voices for Peace created a Facebook graphic that lists these protections.
Privacy at Schools
Every child, regardless of immigration status, has the right to education under the 1982 Supreme Court ruling, Plyer v. Doe.
“Our rights and protections are the same,” Islam said. “Immigration status does not matter.”
One federal education law can protect students’ immigration status from law enforcement.
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According to SD Voices for Peace, under the Family Educational Rights and Privacy Act (FERPA), it’s unlawful to provide student immigration status to law enforcement, like ICE, unless a parent or guardian provides written consent or there’s a court order.
FERPA is a federal law that provides specific parental or guardian rights to have access to their children’s education records.
The Power of Warrants
Law enforcement must show a valid judicial warrant to enter a school, according to the South Dakota Attorney General’s Office.
During an arrest, you can ask to see a warrant, but authorities aren’t required to show you the warrant.
If you are able to see the warrant, South Dakota Voices for Peace said in its Facebook graphic to look for these aspects in a warrant:
Be issued by a state or federal court.
Be signed by a state or federal judge.
State specifically who or what is being looked for.
You must comply with law enforcement if the warrant is valid, Islam said.
But Islam said there’s protections for private spaces on university campuses, and she recommends schools to designate a front-desk staff member or a university lawyer to interact with ICE, with knowledge on warrants.
“They need to know that ice cannot come into a private space without a valid judicial warrant,” Islam said. “And there are other types of warrants, but the only warrant that allows law enforcement to come inside and to search and seize and arrest are valid judicial warrants.”
Remain Calm, Comply, and Stay Silent
Under the 5th amendment of the U.S. constitution, anyone has the right to remain silent, the right to not sign anything without consulting a lawyer, and the right to keep the door closed.
These rights are protected, regardless of citizenship, Islam said.
How many international students are in South Dakota?
“I have a lot of trust in all of the lawyers who are litigating to preserve precedent, to preserve our constitutional rights for all people in the United States,” Islam said.
Islam recommends any immigrant student or staff to reach out to the South Dakota Voice for Peace for answers to traveling questions, rights in the nation, and support.
According to its website, South Dakota Voices for Peace is a non-profit organization with a mission to dismantle bigotry and racism, all while offering support, for immigrant, refugee, and Muslim communities. The organization is based in Sioux Falls.
