LETTER FROM THE EDITOR: Staying in their lanes

Over the last few weeks as executive orders have been issued, immigration raids have occurred across the country and social media has turned into a circus of rage and crazy, there’s been a lot of criticism of local school districts and law enforcement. 

The thing is, asking a school district or a small, local law enforcement agency to try to enforce immigration is asking them to step outside of their mandated tasks of educating children and patrolling local streets. We should want them to be focused on their primary objectives and not be pulled aside to enforce federal civil law.  

Don’t get me wrong. If someone wants to immigrate to the U.S., they should follow the proper channels and do so legally. However, it’s Customs and Border Patrol and Immigration and Customs Enforcement that have the joint mission of enforcing the civil and criminal side of such situations.  

Locally, we’ve got sheriff's offices and police departments that have a critical mission which we cannot afford in the Columbia Basin to have them distracted from — keeping the local streets safe and enforcing criminal law.  

Do we want a deputy out arresting an undocumented migrant from Venezuela or Ukraine? Or do we want them to arrest the U.S. citizen who is beating his partner or a known drug dealer whose fentanyl is killing people in our community?  

Add to that the fact that federal law and the law local officers enforce are very complicated things and require specialized knowledge to enforce properly. Our legal system is complex and there are reasons each of the law enforcement groups has its own training academies. American law is a maze. In fact, that complexity is part of why both sides of the political aisle agree that immigration law needs to be fixed — now if only they could agree on what that fix should be.

States’ rights are also in the mix, and we need to remember that our local law enforcement officers don’t just swear an oath to uphold the U.S. Constitution, they swear that same oath to the Washington State Constitution. The various legal rulings on when state and federal law are superior are a serious rabbit hole if you ever want to simply move into a law library and research it.  

The law is, however, pretty clear on the role of schools when it comes to immigration. A variety of federal laws including FERPA — the Federal Education Rights and Privacy Act — as well as U.S. Supreme Court rulings, e.g., Plyler v. Doe, that not only protect a student’s private information such as their residency status but guarantee all children the right to an education.  

In preparing for this column, I’ve spoken with various school administrators, referred to guidelines from the Office of the Superintendent of Public Instruction and read studies from the Brookings Institute.  

Locally, school districts have said they’ll comply with the law. It’s more complicated than simply pointing to anyone they know, or suspect, is undocumented. They’re not actually allowed to do that because they have to follow FERPA and the legal guidance in things such as the Plyler v. Doe ruling.

Instead, every administration has said they’ll work to educate every student who walks in the door. They’ll ensure each student is fed following state and federal guidelines. They’ll do everything in their power to watch out for their students’ welfare.  

If an immigration issue arises, those schools will follow the relevant laws. A subpoena signed by a judge would order them to provide access to records. Without that court order, they’ll follow the guidelines of student privacy laws and continue to focus on educating children. Even if you’re a citizen, you’d want them to follow those laws for your children as well.  

If you want changes in immigration law and how it’s handled, going full keyboard warrior on them through social media isn’t a productive approach. Instead, write to your state and federal legislators. Provide productive suggestions on how the law can be changed. Advocate for streamlining the immigration process for those who want to come legally. Condemn policies that prevent keeping criminals out of the country and encourage deporting those who come here and violate our criminal laws.

Generally, though, just realize that local law enforcement and school districts aren’t immigration enforcement agencies and have strict guidelines and important primary objectives they’re working toward. They’re staying in their lane because driving straight has the most effective results for the communities they care for. 

Thank you for your readership,
R. Hans "Rob" Miller
Managing Editor