Los Angeles schools leader explains why he refused to let DHS agents see students

Amna Nawaz:

Officers with the Department of Homeland Security recently attempted to enter elementary schools in Los Angeles, but were not allowed in. Agents claimed to have been conducting a welfare check, not an immigration enforcement action.

School administrators say DHS lied about having permission from caregivers to speak to students. The agency told the "News Hour" — quote — "Any assertions that officers lied are false."

Laura Barron-Lopez has our report.

Laura Barron-Lopez:

Amna, the move by immigration officers at the second largest school district in the country has sparked new fears for families, teachers and administrators. It comes after President Trump rescinded a longstanding policy designating schools, churches and hospitals as protected areas from immigration enforcement actions.

I'm joined now by the superintendent of the Los Angeles Unified School District, Alberto Carvalho.

Superintendent, thank you so much for joining the "News Hour."

Starting with these attempts by federal agents to enter two elementary schools last week, they were looking for five students in first through sixth grade. What can you tell us about what happened and why were these students and these particular schools targeted?

Alberto Carvalho, Superintendent, Los Angeles Unified School District:

Thank you very much for the opportunity.

All I can tell you is that teams of four agents showed up at two different schools two hours apart. We, in fact, believe that these individuals belong to the same team.

They — after being asked by the principals to provide some degree of identification, they did present credentials that identify them as agents of the Department of Homeland Security, which they went to great lengths to actually explain to the principals that they were not with ICE.

The problem began when, number one, they failed to produce a judicial warrant, which we require for any type of access to staff or students in our schools. And, secondly, they blatantly lied because they conveyed to the principals that they had obtained permission from these children's parents to have access to them in school.

Based on the statement that was released by the Department of Homeland Security after this incident, they actually conveyed that they were there to conduct wellness checks on these children on the basis of their undocumented and unaccompanied status, which contradicts the fact that presumably they would have obtained permission from the parents of these children, which the parents, the guardians, absolutely deny.

Laura Barron-Lopez:

As you said, according to Homeland Security, these were not ICE agents. They were criminal investigators through the Homeland Security Department and they were conducting wellness checks that they say have nothing to do with immigration enforcement.

But what's your understanding? And is it typical for wellness checks to be conducted in this way at an elementary school?

Alberto Carvalho:

Three quick points.

Number one, there is no evidence that this type of action has been taken in any school across the country. Secondly, I think we could all accept that one of the safest places for kids in our country happens to be the schoolhouse. Thirdly, we are well aware of the fact that a number of federal agencies, not just ICE, have agreed to collaborate with ICE for the purpose of immigration actions in our communities.

And then it should also be known to these individuals that we follow very specific legal parameters,number one, the Equal Protection Clause of the Constitution of our nation, which extends as a right free public education to every kid, regardless of immigration status, secondly, FERPA, which is a federal law that protects the confidentiality and privacy rights of students and their families, meaning we cannot provide any type of information about these children without a judicial warrant.

And then the most important one for us as educators, in loco parentis, which means, in the absence of a parent, myself as a superintendent, a teacher, a principal, has the responsibility to stand in as that parent in the protection of that child. That absolutely limits our ability to provide any information or access to any entity, federal or not.

Laura Barron-Lopez:

You have tens of thousands of immigrant students, including thousands of undocumented students. What are you hearing from teachers, students and their parents at this time?

Alberto Carvalho:

From the teachers, righteous indignation, from the parents' fear. They are conveying to us directly.

And I have spoken with some of the parents, some of the members of the community. They feel intimidated, they feel fear, they feel anxiety. And from the students, even though they are not conveying that information to me, particularly elementary-aged kids, I have had conversations with secondary age students, who are telling me that, at the dinner table, they're hearing their parents speak about the fact that one of them may be a citizen of this nation, but the other one is not.

And they fear family separation based on what they hear. They do not know what tomorrow will be like.

Laura Barron-Lopez:

You talked about the fear that parents are experiencing.

Is this impacting the ability of educators to teach students at your schools? And are you also seeing some students not attend school out of fear?

Alberto Carvalho:

So what we have detected in schools where these types of incidents have happened, as was the case in these two elementary schools, or schools located in areas where it was known that immigration actions took place close to the schools, we have seen some degree of decline in the average daily attendance.

But, amazingly, the community believes that the district is doing all it can to protect students and protect families. So we have not necessarily seen a significant decline in the average daily attendance for the entire district.

Laura Barron-Lopez:

Superintendent, this week, President Trump's border czar, Tom Homan, said that he — quote — "absolutely" wants to prosecute sanctuary city leaders who harbor or shield undocumented immigrants and possibly send those officials to prison.

Homan said — quote — "It's coming."

What's your response to this? And what are you advising others across the district?

Alberto Carvalho:

Look, as I have said time and time again, I certainly, not that I want to, but I would welcome first a consequence to self, rather than the consequence of the children that we serve. We are following the law. We're following the law of the state of California. We're following the board's policy.

And we are, to the best of our ability, complying with federal guidelines, whether they are constitutional in nature or where they deal directly with the confidentiality of privacy rights of children and their families. So we believe we are on the right side of law and certainly on the right side of history.

Laura Barron-Lopez:

I want to ask you about your speech last week where you referred to your personal history. You said, beyond your professional responsibility, you had a — quote — "moral responsibility to protect these students."

Alberto Carvalho:

I would be the biggest hypocrite in the world, regardless of my position today, if today I did not fight for those who find themselves in the same predicament I faced over 40 years ago, when I arrived in this country at the age of 17 as an undocumented immigrant. Education made me and saved me.

Laura Barron-Lopez:

Superintendent, what compelled you to say that?

Alberto Carvalho:

I want people across our communities and across our country to take a look at what an immigrant looks like and to take a look at what education in this great land of ours can do for kids who, despite their circumstances, mature into adults that do right and do good by this country.

I understand that laws are to be followed, but I also must urge people to dig deep inside their hearts and their minds and search and find some degree of decency, justice and compassion for children who, through no mistake of their own find themselves in a crosshairs of policies that are punitive to them.

Laura Barron-Lopez:

Superintendent of the L.A. Unified School District Alberto Carvalho, thank you for your time.

Alberto Carvalho:

Thank you very much.