Aurora East USD 131 board adopts resolution barring ICE agents from district property unless ordered by a judge

The Aurora East USD 131 Board of Education voted Oct. 28 to adopt a resolution prohibiting Immigration and Customs Enforcement agents from entering district property except when the district is ordered to grant access by a federal judge or magistrate.

Board President Cifuentes read a statement saying federal law requires the district to provide educational services to all children regardless of immigration status and described an incident the prior weekend in which ICE entered district property without the district’s permission. "The presence of these agents on district property was clearly disruptive and has created an obstacle to our ability to educate our children," Cifuentes said.

Superintendent Dr. Halverson told the board the district had seen an immediate attendance impact after the incident. "The number of students district wide who reported for class on Monday after this incident were 256 fewer than the number in attendance on average for the previous week," he said, and added that attendance at the specific site where the interaction occurred on Oct. 25 fell to 86.89%, about 6 percentage points lower than that site's yearly average.

The resolution directs the superintendent and his designees to demand that ICE agents leave district property and, if they refuse, to treat them as trespassers who may be removed under applicable law. The board also adopted a policy not to provide student information to ICE except in response to a court order. "No access will be given unless the district is so ordered by a federal judge or magistrate," Cifuentes said while presenting the resolution.

Board members asked legal questions about the difference between administrative warrants and warrants signed by a judge. A district legal spokesperson explained that administrative warrants, which the discussion identified as civil warrants issued under the Immigration and Nationality Act, "command the arrest of people" but do not, by themselves, authorize entry to facilities. The board was told that a warrant signed by a judge or magistrate would be inspected by the superintendent and designees to determine whether it authorized entry or required other action.

The board approved a communication plan to alert staff and families. The superintendent said building principals would meet via Zoom the following morning, the district would send an email to staff midmorning, and parents would receive an email in the late afternoon.

Members also discussed signage and trespass notice. The district will order additional signs that reference the Trespassing Act but will not name ICE specifically; counsel noted that verbal notice to persons who do not belong on campus is legally sufficient in many cases.

The motion to adopt the resolution was moved and seconded; the secretary called the roll and recorded affirmative votes from the board. After the vote the board entered executive session to discuss safety and security of district property and the safety of students, personnel and the public under 5 ILCS 120/2(c)(8).

The resolution and the board’s discussion focus on preserving district access and trust for all students while clarifying the district’s process for responding to federal immigration enforcement on campus. The district did not announce any enforcement actions against federal agents at the meeting, and the board said student information will not be shared without a court order.