New draft rule clarifies when school staff may limit access to campuses after immigration arrests; members call for concrete guidance

Dr. Stefan Redding Wallinger, MSDE's chief policy officer, presented a one-page proposed regulation (COMAR 13A0211) clarifying school administrators' authority to regulate who may access school property and setting out how state law interacts with federal immigration enforcement under the Values Act.

Wallinger said the item was motivated in part by a recent incident in Baltimore City in which immigration agents arrested two people on school property. The regulation consolidates existing statutory authorities and the 2025–2026 Values Act language to clarify that administrators may deny access to non-public areas unless federal agents present a judicial warrant or exigent circumstances exist. "Principals may also take various steps ... to maintain the safety and security of the school," Wallinger said, and the regulation requires documentation and review of identification for people operating in an official capacity on campus.

Committee members raised implementation concerns about the undefined phrase "lawful business." Several members said administrators on the ground could be placed in a stalemate if two parties each assert they are acting lawfully. Wallinger and members agreed that drafting detailed, scenario-based guidance — rather than embedding new statutory definitions in regulation — would be the appropriate next step; Wallinger noted the Attorney General is mandated to issue additional guidance on the 2026 law by October. The committee recommended permission to publish the regulation and emphasized that accompanying guidance and examples will be important for principals implementing the rule.