As immigration enforcement ramps up, local school officials are working to do whatever might be necessary to both protect students, and ensure they follow legal requirements.
So far, there have been no reports of Immigration and Customs Enforcement (ICE) agents actively seeking individuals in Moody County. Still, school officials in Colman-Egan and Flandreau are being briefed on recent policy changes and how to best support students if a family member is detained.
A letter shared with school administrators statewide this past week outlined the shift.
Sam Kerr of Lynn, Jackson, Shultz & Lebrun, P.C., stated, “…on January 21, 2025, the DHS lifted the practice of avoiding immigration enforcement at locations where students gather. This directive ends the practice of Immigration and Customs Enforcement (ICE) and Customs and Border Protection agents avoiding these ‘sensitive’ areas — including elementary and secondary schools, colleges, hospitals and churches — for enforcement actions.”

Kerr, who serves on the Board of Directors for the ASBSD Council of School Attorneys and is legal counsel for the School Administrators of South Dakota (SASD), urged school districts to create a plan and train employees on how to respond if ICE visits.
Under South Dakota state law, the recommendations include:
● Designate a point person: If possible, assign a school district employee to handle immigration matters. This person should be familiar with district policies on confidentiality and student privacy.
● Gather information: If ICE or other federal law enforcement visits, the designated staff member should document details, including the agent’s name, agency, badge number, phone number, and any official documents (such as a subpoena, search warrant, arrest warrant, or court order).
● Notify key contacts: If an agent requests access to a student, inform the student’s parent or guardian, the superintendent, and legal counsel before taking any action. In the meantime, ask the agent to wait or return later.
● Follow legal guidelines: Schools cannot assist anyone in evading law enforcement by helping them leave school grounds or providing false information.
● Require proper authorization: Agents cannot question or remove a student from school without parental or guardian consent—unless they present a valid judicial warrant. If a warrant is provided, senior school administrators and legal counsel should review it carefully to ensure it meets legal standards and determine its legal scope.
President Trump has long pledged to deport millions of migrants without proper documentation, starting with those who have criminal backgrounds.