Protecting Your Child with a Disability from Immigration Enforcement

Protecting Your Child with a Disability from Immigration Enforcement

 

What Every Parent Should Know About the New Immigration Reality
By Jean Murrell Adams, Esq.
January 2026

“Children with disabilities are in danger because their responses could literally end their lives.”

Protecting Your Child with a Disability from Immigration Enforcement

Our New Reality

We’ve all read about five-year-old preschooler Liam Conejo Ramos, who was captured and detained in Minnesota and remains imprisoned in a Texas facility with his dad.

How do these captures and detentions impact families and what can parents do to protect their children, including those with IEPs?

Approximately 133,000 undocumented children attend California’s public K-12 schools. Nevada reports that as of 2022, nearly 14% of all households have at least one undocumented parent and Nevada has one of the highest shares of school-aged children in immigrant families in the U.S.

Schools, hospitals and churches (including private schools and school buses) were once “protected areas” where ICE agents were generally barred from entering. But in January 2025, the U.S. Department of Homeland Security (DHS) revoked this federal policy. Now ICE agents and Border Control are allowed to exercise their own discretion regarding seizing students, teachers, parents and staff in these locations.

Despite no confirmed entries into school buildings (yet), many children with and without IEPs are being impacted. For example:

Detentions Near Schools

Agents have conducted arrests in the immediate vicinity of school campuses. Examples include the mistaken identity and wrongful detention of a 15-year-old student with a disability in Los Angeles and the arrest of a father picking up his son at Linda Vista Elementary. In Nevada, parents are being surveilled and detained while taking their children to school or picking them up from school.

Targeted Enforcements

In Minnesota, school officials reported agents circling schools and following school buses, including a specific instance where pepper spray was used near a Minneapolis high school during dismissal.

Teacher Reports

Children have been falling asleep in the middle of class or bursting into tears. When one school was under a “code yellow,” meaning ICE agents had been sighted nearby and the school was under lockdown with outdoor recess cancelled, some elementary school-aged children peed themselves.

“Nobody said ‘ICE’ or anything like that but the kids know,” one teacher said. “They are having a trauma response.”

Children with Disabilities

The stress is affecting all students. Some autistic students find the commotion of whistles and car horns designed to alert for ICE presence distressing.

“It can just instantly create anxiety, and they could react in a way that can draw attention from ICE agents and make them even more vulnerable,” one special education teacher explained. “They are in danger because their responses could literally end their lives.”

Know Your Rights

Legal Constraints

Even without the “sensitive locations” memo, ICE generally requires a judicial warrant signed by a judge or parental consent to enter non-public areas of a school.

Privacy Protections

FERPA bars schools from sharing student records or immigration status with ICE without a judicial subpoena or court order.

Right to an Education

In California, all children between the ages of 6 and 18 must be enrolled in school. Under the California Constitution, all students and staff have the inalienable right to safe and secure campuses.

Effective January 1, 2026 – California Protections

Access to Nonpublic Areas

Schools are prohibited from allowing immigration enforcement officers to enter nonpublic areas without a valid judicial warrant or court order.

Access to Documents or Information

Schools cannot disclose any student or family information without valid legal documentation.

Covered Programs

These protections apply to all K-12, preschool, aftercare, summer, and charter school programs.

Disclosure Rules

AB 495 prohibits schools from disclosing education records unless legally required and FERPA guidelines are followed.

Nevada Status

Nevada currently has less rigorous protections. As of late January 2026, the Nevada Department of Education is under pressure to release statewide guidance for school administrators.

What Parents Can Do

Engage: Contact your Senators and Representative to urge reinstatement of protected area policies.

Watch: Consider safety tracking tools such as Life 360 or AngelSense.

Organize: Work with teachers and parents to monitor children traveling to and from school.

Communicate: Explain the situation to your child in an age-appropriate way and review emergency procedures.

The Bottom Line

No Constitution, law, or policy can fully block armed agents from entering schools if they are determined to do so. Emergency plans are essential, but special education law encourages inclusion, and children may miss critical services if kept out of school.

Sources and Further Reading

  • The Guardian – Reporting on Minnesota school community impacts and student trauma (Jan 24, 2026)
  • The Guardian and CBS News – Updates on Liam Conejo Ramos (Jan 2026)
  • DHS “Protected Areas” Rescission (Jan 2025)
  • California Department of Education Guidance (Dec 2025)
  • Nevada Current – ICE actions near schools (Jan 28, 2026)

Free Case Evaluation

If you have concerns about how immigration enforcement may affect your child with a disability, or if your child’s school is not following proper legal protocols, California and Nevada parents may visit our website: adamsesq.com

About ADAMS ESQ

ADAMS ESQ represents children with special education needs throughout California and Nevada.

🌐 www.adamsesq.com
📞 866-4SPEDLAW (Se Habla Espanol)

Over twenty years ago, attorney Jean Murrell Adams opened the law firm of ADAMS ESQ to provide high quality legal service at no cost to qualifying parents of children with special needs. Her own experience fighting for the rights of her exceptional child prompted her to dedicate her career to helping other parents.

With locations in Los Angeles, Oakland, San Diego, Sacramento, Reno and Las Vegas, our staff, paralegals, advocates and attorneys are committed to helping children with disabilities obtain a free, appropriate public education throughout California and Nevada.

Disclaimer

The information and materials on the ADAMS ESQ newsletter do not represent the opinion of our attorneys, employees, clients, or any other viewers. Materials do not constitute legal advice. Information may not be current or complete. Readers should seek legal counsel before acting on any information provided.

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Over twenty years ago, attorney Jean Murrell Adams opened the law firm of ADAMS ESQ to provide high quality legal service at no cost to qualifying parents of children with special needs. Her own experience fighting for the rights of her exceptional child prompted her to dedicate her career to helping other parents.

ADAMS ESQ focuses exclusively on special education law. With locations in Los Angeles, Oakland, San Diego, Sacramento, Reno and Las Vegas, our staff, paralegals, advocates and attorneys are committed to helping children with disabilities obtain a free, appropriate public education throughout California and Nevada.

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