(The Center Square) – The Nevada State Assembly has voted through a bill that would keep Immigration and Customs Enforcement, or ICE, agents off of public school grounds.
Assembly Bill 217 would partially reinstate a federal policy that had protected illegal immigrants in sensitive community areas like schools, churches and hospitals. The policy had recently been rescinded under President Donald Trump, but the new bill would place public schools under a protected status. Violation of the law would be charged as a misdemeanor.
“Across the nation, we have seen instances where officers have gone to schools and intimidated teachers, staff, and students,” Assemblymember Cecellia González, D-Las Vegas, who introduced the legislation, said at a Feb. 25 Assembly of Education meeting. “This is really a call and response to the fears of our students, staff, families and mixed-status families.”
The bill would require public school employees to deny ICE officers information about a student or a student’s family without a warrant. They would also be required to deny ICE access to public school grounds without a warrant.
The district or school would first hand violators of the proposed law disciplinary action, and any further violations would result in a misdemeanor charge to “any person who knowingly and willfully violates” the law.
AB 217 was voted through the assembly on April 17 on a 31-11 vote.
Assemblymember Rich DeLong, R-Reno, who voted against the bill, said he was worried about forcing teachers to choose between breaking a federal law and a local law.
“ I didn’t want school officials to be in that position,” he explained.
But the assembly’s legal counsel said there would be no conflict between the laws.
“Under the Eleventh Amendment of the United States Constitution, the federal government cannot require states to enforce federal law,” said Asher Killian, Assembly legal counsel. “The state does have the authority under the Constitution to enact that kind of provision.”
DeLong also expressed concern about the precedent AB 217 could have for law enforcement on school grounds.
“ What if a bank robber is being chased by the FBI and they run into the school?” DeLong asked, adding he worried the requirement for a warrant by ICE could spread. “That’s probably even worse than ICE coming in to arrest the janitor who is an illegal alien, who is also a pedophile, that they want to get out of the country. You can’t just look at it in isolation.”
The bill does not propose any restrictions on any other form of law enforcement.
Noé Orosco, government affairs manager of Make the Road Nevada, an immigrant advocacy group, expressed a different concern.
“Recently, we have seen a common thread emerging in the conversation with students and parents,” he said at the Assembly of Education hearing on Feb. 25. “An increasing fear and uncertainty – many students are afraid to attend school because they worry about their family’s safety. The thought of Immigration Enforcement Officers potentially being present on campuses creates an environment of distress. Instead of being able to focus on their studies, these students become preoccupied with survival, taking a significant toll on their well-being and academic performance.”
AB 217 now heads to the state Senate, although no date has yet been set for a vote.
