Denver Public Schools (DPS) has decided to dismiss its lawsuit regarding the Trump administration’s decision to revoke a long-standing federal policy that classified schools as sensitive locations concerning immigration enforcement.
Though DPS did not achieve victory through the lawsuit, the district announced that a federal judge’s findings offered some reassurance.
According to the ruling, there was negligible practical difference between the former policy—last updated in 2021 under President Biden—and the new guidance issued by the Trump administration.
DPS stated, “This ruling demonstrates our perspective, and we declare a victory in the case.”
Furthermore, the district expressed a willingness to refile the lawsuit if circumstances surrounding immigration enforcement change significantly.
“Just as DPS was the first school district in the nation to challenge this administration’s policies in federal court, DPS will be the first school district in the country to return to court should there be any additional federal overreach,” the district declared in a statement.
The decision to withdraw the lawsuit follows a recent ruling in March by U.S. District Court Judge Daniel D. Domenico, who denied DPS’s request for a preliminary injunction that aimed to restore the previous policy while the litigation was still underway.
The former policy emphasized that immigration enforcement should be limited to sensitive areas like schools and hospitals unless there was an immediate threat to public safety.
In contrast, the new guidance introduced in January directed U.S. Immigration and Customs Enforcement (ICE) agents to use their discretion when conducting operations.
DPS launched the lawsuit against the U.S. Department of Homeland Security in February, just a week after significant immigration raids in Denver and Aurora heightened concerns among students and led to a drop in school attendance.
The district contended that the revised guidelines created challenges for educating students who feared immigration enforcement actions at schools.
Additionally, DPS highlighted that these policies diverted essential resources to prepare for potential immigration arrests.
On the opposing side, attorneys for the U.S. Department of Homeland Security argued that there have been no immigration raids targeting schools in Denver or anywhere else, asserting that the declines in attendance were linked to unfounded fears and misinformation rather than the guidance changes themselves.
Judge Domenico opined that it was an exaggeration to claim that the new guidance completely removed protections for schools, noting that “not a single instance” had occurred where actions followed under the new policy that wouldn’t have transpired under the previous policy.
Under the Biden administration, the enforcement policy allowed for activities at schools to happen only with prior high-level approval or under urgent conditions.
DPS asserted that its lawsuit compelled the Department of Homeland Security to be more forthcoming regarding the new guidance, revealing that, in essence, the policy had not changed as significantly as previously believed.
For now, the Denver district has committed to monitoring future developments regarding immigration enforcement in sensitive areas.
In their concluding statement, DPS emphasized the importance of creating a safe and welcoming environment for all students, underscoring that students cannot focus on their education if they feel unsafe.
As part of the legal proceedings, DPS noted that it was represented pro bono and did not incur any costs related to the lawsuit.
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