No ICE in Schools Act

Bill Number

H.R. 8369

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Education

Status

Introduced

Latest Action

2026-04-20: Referred to the House Committee on Education and Workforce.

Last Updated

2026-04-29T15:39:01Z

AI-Generated Summary

H.R. 8369: Keep Immigration Enforcement Out of Schools Act (No ICE in Schools Act)

Purpose

To bar federal education funding for schools or educational institutions that share student records or information with immigration enforcement authorities (such as ICE, or Immigration and Customs Enforcement) without specific written parental consent. This aims to protect student privacy from immigration-related inquiries.

Key Provisions

• Amends Section 444 of the General Education Provisions Act (known as FERPA, the Family Educational Rights and Privacy Act, which protects student record privacy).
• Adds a new subsection (k) stating that no federal education funds can go to any educational agency or institution with a policy or practice of releasing:
• Education records, or
• Other student information (including personally identifiable information like names/addresses or directory information like basic contact details).
• Releases are prohibited for immigration enforcement purposes unless there is written parental consent that specifies:
• The exact records or information to be released.
• The reasons for release.
• The recipient (e.g., ICE).
• Parents must receive a copy of the released records or information if they request it (for themselves and/or the student).

Significant Changes to Existing Law

• Expands FERPA protections: Previously, FERPA allowed limited disclosures without consent for law enforcement in emergencies or subpoenas, but this adds a specific ban on immigration enforcement uses tied to funding loss.
• Introduces a funding penalty for non-compliance, creating a new enforcement mechanism beyond FERPA's complaint-based system.
• Requires explicit parental consent for immigration-related sharing, overriding any prior policy or practice.

Potential Impacts

• Educational institutions: Risk losing federal funding (e.g., for programs like Title I or student aid), pressuring schools to update policies and train staff.
• Students and families: Enhanced privacy for all students, particularly immigrants or undocumented ones, reducing fear of enrollment or attendance.
• Immigration enforcement: Limits ICE's access to school data, potentially slowing investigations but not blocking other info sources.
• Government agencies: U.S. Department of Education must monitor compliance; no direct international effects noted.
• Citizens: Affects school funding and operations nationwide, possibly increasing administrative burdens.

Main Stakeholders

• Educational agencies/institutions (public schools, universities, colleges receiving federal funds).
• Students (all, but especially immigrants or mixed-status families).
• Parents/guardians (gain consent control).
• Federal agencies (Department of Education for funding; DHS/ICE for enforcement).
• Congress (oversees education and immigration policy).

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens FERPA by linking violations to defunding; may face challenges over federal funding conditions (spending power under Constitution) or preemption of state laws.
• Constitutional: Balances privacy rights (under FERPA and 14th Amendment due process) against immigration authority (federal plenary power); no direct free speech or equal protection issues highlighted.
• Political: Fuels debates on sanctuary policies vs. immigration enforcement; could set precedent for conditioning funds on other social issues. Still in early stage (introduced, referred to committee).

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Cherfilus-McCormick, Sheila [D-FL-20]

Recent Actions

• 2026-04-20: Referred to the House Committee on Education and Workforce.
• 2026-04-20: Introduced in House
• 2026-04-20: Introduced in House

Bill Versions

• Keep Immigration Enforcement Out of Schools Act — issued 2026-04-20 — PDF (2 pages)