For more than three decades, the federal government maintained a policy restricting immigration enforcement operations at or near schools and other “sensitive locations.” That longstanding protection ended abruptly in January 2025, when the Department of Homeland Security (DHS) rescinded its sensitive locations policy and replaced it with guidance leaving enforcement decisions to the discretion of individual Immigration and Customs Enforcement (ICE). The policy shift has led to increased immigration enforcement activity at or near schools nationwide, prompting legal challenges from school districts concerned about disruptions to their educational mission.
On February 4, 2026, two Minnesota school districts (Fridley Public Schools and Duluth Public Schools), along with the state teachers’ union Education Minnesota, filed a federal lawsuit challenging DHS’s new policy. The complaint, filed in the U.S. District Court for the District of Minnesota, alleges that DHS violated the Administrative Procedure Act (APA) by abandoning decades of precedent without adequate explanation and without following required notice-and-comment rulemaking procedures. On February 24, 2026, the plaintiffs moved to stay or alternatively enjoin DHS’s new enforcement policy.
The 2025 Policy Change
On January 20, 2025, then-Acting DHS Secretary Benjamine Huffman issued a brief memorandum eliminating the requirement that immigration enforcement at sensitive locations be avoided “to the fullest extent possible” and the requirement for prior approval or exigent circumstances. Secretary Huffman established a new policy that leaves enforcement decisions to individual agents’ “enforcement discretion” and “common sense,” explicitly rejecting “bright line rules” to guide that discretion. DHS provided no explanation for abandoning the previous policy, did not address reliance interests of school districts and other affected entities, and did not consider alternatives or potential harm from the policy change.
Immigration Enforcement Operations at Minnesota Schools
Following the policy change, DHS launched “Operation Metro Surge” in the Minneapolis-St. Paul metropolitan area in early December 2025, reportedly deploying as many as 3,000 ICE agents to the region. The operation involved numerous enforcement actions at or near schools and school bus stops throughout Minnesota. For example, on January 7, 2026, at Roosevelt High School in Minneapolis, ICE agents came onto school property during dismissal, allegedly tackling individuals, handcuffing staff members, and deploying pepper spray toward students and staff. Minneapolis Public Schools canceled classes for two days following the incident.
ICE agents also detained teachers at preschools in Apple Valley, Minneapolis, and Golden Valley, in some cases using deceptive tactics to lure educators outside. Federal agents pulled over multiple school vans transporting students in St. Paul and Anoka-Hennepin school districts while en route to school. ICE agents have used school parking lots as staging areas, including during school hours when students were present, and parents and students have been detained at school bus stops.
Impact on School Districts and Educational Mission
The complaint details significant harm to school districts’ ability to fulfill their educational responsibilities under state law, including dramatic declines in student attendance and widespread school closures due to safety concerns. School administrators, social workers, and security personnel have redirected substantial time and resources away from educational activities to address immigration enforcement concerns. Some districts have implemented enhanced security protocols when agents are spotted near school property. Students, families, and educators—regardless of immigration status—report pervasive fear about coming to school.
The Legal Challenge
In the complaint, the Fridley Public Schools, Duluth Public Schools, and Education Minnesota seek a declaration that the 2025 DHS policy is unlawful, preliminary and permanent injunctions preventing DHS from implementing or enforcing the 2025 policy, and preliminary and permanent injunctions prohibiting DHS from conducting immigration enforcement operations at or near (within 1,000 feet of) school property or school bus stops absent a judicial warrant or genuinely exigent circumstances.
On April 8, 2026, the U.S. District Court for the District of Minnesota held a hearing on the plaintiffs’ motion to stay or, in the alternative, preliminarily enjoin the 2025 policy. On May 6, 2026, the Court denied plaintiffs’ motion to stay or enjoin the 2025 policy. In doing so, the Court noted that the ruling was not a comment on the merits of the case. Motions for Summary Judgement are due in the fall per the latest scheduling order. We will continue to monitor this case and provide relevant updates on the Court’s future rulings and any related legal challenges that may arise.
What This Means for School Districts
This litigation raises fundamental questions about the federal government’s authority to conduct enforcement operations that interfere with state and local governments’ educational responsibilities. While the case is currently limited to Minnesota, its outcome could have nationwide implications for how federal immigration enforcement intersects with public education. School districts across the country are grappling with similar concerns about immigration enforcement activity disrupting their educational mission.
The K-12 Education Team at Husch Blackwell will continue to monitor this case and related developments concerning immigration enforcement at or near schools. If you have questions about how immigration enforcement activity may affect your district or need assistance developing policies and procedures to address these concerns, please contact the authors or your Husch Blackwell attorney.