Denver Public Schools (DPS) has filed a lawsuit against Department of Homeland Security (DHS) Secretary Kristi Noem, challenging a Trump administration policy that allows immigration enforcement actions at previously designated “sensitive” locations such as schools.

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The lawsuit, filed Wednesday, argues that the policy has led to a noticeable decline in student attendance and disrupted school operations.

The lawsuit claims that the new DHS policy has caused fear among students, discouraging them from attending classes.

DPS is seeking a temporary restraining order to block the implementation of immigration enforcement actions on school grounds while the case is being reviewed in court.

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“DPS is hindered in fulfilling its mission of providing education and life services to the students who are refraining from attending DPS schools for fear of immigration enforcement actions occurring on DPS school grounds,” the lawsuit states.

DPS officials say they have had to shift resources away from academic instruction to prepare for potential immigration raids, ensure student safety, and train staff on how to respond to Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) agents entering school buildings.

Denver Public Schools saw a dramatic influx of migrant students under the Biden administration, leading to significant budget and resource challenges.

Public records obtained by Parents Defending Education revealed that DPS struggled to accommodate the surge in students, many of whom were homeless or living in temporary housing such as hotels.

The influx led to a projected $17.5 million budget shortfall as the district worked to provide additional Spanish-speaking staff and behavioral support for students.

Reports also indicated tensions between migrant students from different nationalities, further complicating classroom environments.

Before President Donald Trump took office for his second term, ICE and CBP were restricted from conducting enforcement actions at schools, hospitals, and churches under a policy that had been in place for over a decade.

Trump ended that policy on January 20, 2025, his first day back in the White House.

In a statement defending the new policy, the Department of Homeland Security argued that removing the restrictions allows law enforcement agencies to apprehend criminals more effectively.

“This action empowers the brave men and women in CBP and ICE to enforce our immigration laws and catch criminal aliens — including murderers and rapists — who have illegally come into our country. Criminals will no longer be able to hide in America’s schools and churches to avoid arrest,” DHS said in a statement.

Denver is not the only district resisting Trump’s immigration enforcement policy.

In California, the Pleasanton Unified School District issued a January memo instructing staff on ways to stall ICE agents attempting to enter school buildings.

The Washington Examiner first reported on the memo, which advised personnel on delaying federal agents while seeking legal intervention.

In Virginia, Arlington Public Schools implemented staff training to ensure that ICE and CBP agents would not be allowed access to school campuses or students without proper legal authorization.

Denver Public Schools, Colorado’s largest K-12 district, serves over 90,000 students across 207 schools. At the peak of the migrant surge under Biden, the district was receiving approximately 300 new migrant students per week.

Now, as the Trump administration reinstates stricter immigration policies, school districts across the country are adjusting to the legal and operational challenges that come with increased immigration enforcement.

The lawsuit filed by DPS will test whether schools can legally restrict federal immigration enforcement on their campuses and whether the courts will uphold the Trump administration’s policy reversal.

As the case moves forward, schools, lawmakers, and immigration advocates will be closely watching the legal battle between Denver Public Schools and DHS Secretary Kristi Noem to determine how immigration enforcement will be handled in educational settings under Trump’s second term.

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