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NEA, AFT Join Federal Suit Challenging DHS Rollback of School 'Sensitive Locations' Protections

The unions argue the DHS rollback of 'sensitive locations' protections violates the APA, citing arrests near campuses that have coincided with attendance drops.

Teachers walk with students on the first day of school Thursday, Aug. 14, 2025, in Los Angeles. (AP Photo/Marcio Jose Sanchez)
Students and family members are escorted into school on the first day of school Thursday, Aug. 14, 2025, in Los Angeles. (AP Photo/Marcio Jose Sanchez)
A parent and student arrive on the first day of school Thursday, Aug. 14, 2025, in Los Angeles. (AP Photo/Marcio Jose Sanchez)
Teacher Naim Muhammad holds a sign supporting immigrants on the first day of school Thursday, Aug. 14, 2025, in Los Angeles. (AP Photo/Marcio Jose Sanchez)

Overview

  • An amended complaint was filed Sept. 10 in federal court in Eugene, Oregon, with the NEA and AFT joining an April suit brought by an Oregon farmworker union and several churches.
  • The suit challenges DHS’s rescission of its 2021 guidance limiting enforcement at schools and houses of worship under the Administrative Procedure Act, with churches also pressing First Amendment claims.
  • Plaintiffs detail incidents including an ICE arrest in a Beaverton preschool parking lot that led to a lockdown and a Los Angeles encounter where a 15-year-old was handcuffed and later released.
  • Educators report heightened anxiety, drops in attendance and enrollment, and reluctance to seek services, while reporting notes no known ICE entries into school buildings for enforcement.
  • DHS replaced the prior policy early in Trump’s term with a directive to use “common sense,” government comment is pending, and the case before Judge Ann Aiken follows a July motion to dismiss by federal attorneys.