DENVER — A decide granted the Denver Public Faculties (DPS) request for a short lived restraining order towards the Division of Homeland Safety (DHS) on Monday.
The district made the ask earlier this 12 months when DHS Secretary Benjamine Huffman rescinded 2021 insurance policies that DPS mentioned prevented U.S. Immigration and Customs Enforcement (ICE) and Customs and Border Safety (CBP) brokers from making arrests at colleges, church buildings and hospitals.
Training
DPS seeks short-term restraining order over removing of ‘protected areas’
A listening to on the matter is about for Friday at 2 p.m. Either side may have half-hour to make an oral argument. No extra proof will be offered.
“That is open litigation and witnesses mustn’t touch upon their statements till the litigation closes,” Scott Pribble with DPS mentioned, when requested for remark.
The lawsuit, which names DHS and Secretary of Homeland Safety Kristi Noem, alleges that DPS is “hindered in fulfilling its mission” to the scholars who usually are not attending college “for worry of immigration enforcement actions occurring on DPS college grounds.”
There was a 3% lower in attendance throughout all of DPS in February 2025 as in comparison with February 2024 and an 8% in persistent absenteeism, in response to Laney Shaler with DPS. Which means college students attended college lower than 90% of the time.
Since Jan. 21, 2025, the DPS Local weather and Security Response Staff testified it has had to answer quite a few false stories of ICE actions. Previous to the federal coverage change, Shaler mentioned, the district had not obtained any stories of immigration actions at its colleges throughout the 2024-2025 college 12 months.
Nevertheless DHS argues in courtroom paperwork, the district has not supplied adequate proof that its core operate has been “instantly affected and interfered.” DHS additionally counters the district’s argument that 2021 federal steerage prohibited ICE or CBP brokers from conducting raids at colleges, saying it allowed such actions with prior higher-level approval or below exigent circumstances.
DHS argued towards the DPS criticism, that below prior coverage, there was a assure the subsequent raid wouldn’t be at a college. DHS mentioned that was not the case within the company’s 2021 steerage.
Whereas one fourth grade trainer mentioned a federal raid on the Cedar Run Flats in February prevented college students from getting on the bus to go to high school, DHS pointed to how these actions weren’t taken on college grounds.
“Relatively, DPS depends on a principle of oblique interference by DHS, pointing to the impression on DPS of issues of scholars and others about potential DHS immigration enforcement at DPS. It argues it has suffered a cognizable hurt from the chilling impact that immigration enforcement might have had on attendance by its college students,” DHS argues in courtroom paperwork.
The federal company additionally mentioned DPS is pursuing the short-term restraining order as a corporation, and doesn’t at present have the authorized standing to symbolize its college students and their households.
Learn the total DHS response to the DPS lawsuit within the doc beneath:
Learn the DPS response to DHS within the doc beneath:
Associated protection:
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