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ICE arrest at courthouse prompts immigration enforcement questions

By Pepper Purpura

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    DES MOINES, Iowa (KCCI) — The new presidential administration’s changes to federal immigration policy are prompting questions about where immigration law can be enforced after an arrest Thursday at the Polk County courthouse.

KCCI received more than a dozen tips on Thursday about U.S. Immigration and Customs Enforcement agent sightings throughout the metro area, including claims that multiple people were arrested at the Polk County courthouse. The Polk County Sheriff’s Office confirms ICE arrested one person in a public area at the courthouse, but does not have details about who the person was or why the arrest was made.

An attorney who says she saw the arrest that the incident felt unusual.

“It’s not normal that this is happening from (an attorney’s) standpoint either, so it’s something that we’re not used to, not prepared for,” Sydney Ross said.

Four days before the incident, ICE published an internal memorandum that advised agents that they are able to enforce immigration law when people are in court for criminal proceedings. Previously, courthouse immigration arrests were limited to “circumstances against public safety threats.” The following exceptions are examples of times when an arrest would be allowed in a courthouse:

It involves a national security threat There is imminent risk of death, violence, or physical harm to any person It involves the pursuit of an individual who poses a threat to public safety There is an imminent risk of destruction of evidence material to a criminal case It is necessary to act in or near the courthouse because a safe alternative location does not exist or would be too difficult to achieve the enforcement action at such a location The action has been approved in advance by a Field Office Director, Special Agent in Charge, Chief Patrol Agent, or Port Director approval in advance of the enforcement action

President Donald Trump also overturned guidelines that prevented ICE from making arrests in “sensitive areas,” according to a news release Tuesday. Previously, ICE was also restricted from making arrests in:

Schools Medical or mental health care facilities Places of worship or religious studies Places where children gather Social services establishments Places where disaster or emergency response/relief is provided Places where funerals, graveside ceremonies, rosaries, weddings, or other religious or civil ceremonies or observances occur Places where there are ongoing parades, demonstrations, or rallies

In response to the order, Urbandale community school Superintendent Dr. Rosalie Daca notified families about the executive order and directed them to immigration resources. The following is part of her letter:

“If ICE officials arrive with a judicial warrant signed by a judge, or a subpoena, we will seek verification of their identity (as we would for any visitor). Once verified, by law we must comply with the actions outlined in the legal document.

While we will remain in compliance with all state and federal laws, we also remain fully committed to ensuring the safety and well-being of all students and staff. Educators throughout our district take great care and pride in teaching all students, reaching all students, and welcoming all students, staff, and families. We want every student, every staff member, and every family to feel a true sense of connection and belonging when they are in our schools. We have faced difficult challenges before, and we will likely continue to face them, but I know at the heart of our district is a fundamental belief in teaching all, reaching all, and welcoming all.”

Johnston Public Schools Superintendent Dr. Nikki Roorda also sent out a letter reassuring parents that students cannot be denied a public education because of their immigration status, and explained what information is available about their child through the district. It reads in part:

“Please be assured that under the federal Family Educational Rights and Privacy Act (FERPA) law, we are required to limit access to student records and only disclose them under specific, lawful circumstances. Our Student Directory Information Policy (506.2) outlines what is considered information that can be shared with third parties without consent. If you do not wish that information to be shared about your child, you need to notify the school in writing. It is important to note that directory information does not include a student’s citizenship or immigration status.

The Supreme Court ruling in Plyler v. Doe clearly states that no student can be denied access to public education based on their immigration status. As a result, the District does not collect, store, or have any information about a student’s immigration status.”

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