Judge Blocks Bid to Restore School Protections Against ICE in Minnesota
A federal judge denied Minnesota schools' request to restore protections limiting ICE activity near schools.
Why it matters: The decision leaves students and families vulnerable to immigration enforcement at or near schools, with direct effects on attendance and community trust. It spotlights legal strategies as education and civil rights organizations confront federal policy shifts.
- On May 6, 2026, Judge Laura Provinzino rejected Minnesota districts' request to reinstate 'sensitive area' safeguards.
- The 2025 DHS policy rescinded prior guidance restricting immigration enforcement near schools and other protected areas.
- Plaintiffs reported declines in attendance and increased fear following increased enforcement near schools.
- The judge ruled that restoring earlier protections would not legally limit future immigration enforcement at schools.
On May 6, 2026, U.S. District Judge Laura Provinzino refused to reinstate 'sensitive area' legal protections for Minnesota schools, denying a move by Fridley and Duluth Public Schools and Education Minnesota to limit immigration enforcement near school grounds. The denial follows the Department of Homeland Security (DHS) rescinding a 2021 policy in January 2025 that had defined schools, among other locations, as protected from immigration enforcement. Read more.
- Plaintiffs argued that federal policy changes since 2025, including 'Operation Metro Surge,' spurred a drop in school attendance and increased student fear, citing specific incidents of use-of-force and a shift to online learning for some.
- In her 38-page ruling, Judge Provinzino noted that neither the 2021 nor 2025 guidance explicitly barred enforcement on school property, nor did the new policy encourage it. She held that the plaintiffs were unlikely to establish standing to challenge DHS's authority, and restoring the 2021 policy would not prevent future enforcement near schools. (details)
- The rescinded 2021 guidance, issued by then DHS Secretary Alejandro Mayorkas, had expanded protections to additional sites where children gather, access social services, or during disaster responses (background).
- For now, immigration enforcement activities near Minnesota schools can proceed while litigation continues.
School districts warned the latest ruling perpetuates a climate of fear for immigrant and mixed-status families. In a joint statement, plaintiffs said, “For decades, our schools have been recognized as places where students can learn and grow without fear.... The administration’s decision... has disrupted classrooms, driven families away, and created an environment of fear that no child should have to endure.”
Judge Provinzino countered that, "To the extent families are afraid to send their students to school because of concerns about immigration enforcement, restoring the 2021 guidance would not abate those concerns because it would not have the legal effect of preventing any future immigration enforcement at or near schools."
By the numbers:
- January 2025 — DHS rescinds 'protected areas' policy, allowing broader ICE discretion.
- 38 pages — Length of Judge Provinzino's opinion detailing the lack of standing and limits of prior guidance.
Yes, but: The court's ruling only addresses the immediate request for reinstatement; the broader legal challenge to the DHS policy continues.
What's next: The underlying lawsuit from the school districts remains active, with further proceedings expected.