NEA/AFT Lawsuit over Sensitive-Locations Policy

On Sept. 10, 2025, the National Education Association and American Federation of Teachers joined a federal lawsuit, PCUN v. Noem, arguing that protections long enjoyed by schools, hospitals, places of worship, and preschools against ICE enforcement should be restored. These protections were removed by the Trump administration, ending guidance that had, for over 30 years, prohibited immigration enforcement actions at "sensitive locations."

The lawsuit includes educators and families from Guidepost Montessori in Beaverton, Oregon, where ICE agents shattered a car window to detain a parent during drop-off. After that incident, attendance fell sharply, and new enrollments dropped, indicating fear is tangible. 

Plaintiffs assert that revoking the sensitive-locations guidance violates the First Amendment, the Religious Freedom Restoration Act, and the Administrative Procedure Act. They argue that schools must be safe and welcoming spaces for all students, regardless of immigration status, and that enforcement actions in these locations have caused anxiety, absenteeism, and disruptions to learning.

The NEA/AFT's participation brings weight: together we represent nearly five million educators and staff whose work depends on stable, trusting relationships with students. Restoring protections could reverse harmful trends of fear and disengagement among immigrant and mixed-status families.

"America's classrooms must be safe and welcoming places of learning and discovery, not fear and terror," said AFT President Randi Weingarten. "We are joining this lawsuit to ensure every child, parent, teacher, and administrator can travel to school each day without the constant threat of masked immigration agents storming their campus. Children and their parents deserve to know they are safe in school, and the Trump administration is failing in that responsibility. Communities have been under immense strain since the president illegally overturned longstanding safe spaces guidance, and we are taking action to uphold the sanctity and security of our schools and the dignity and wellbeing of our kids."

What to monitor next includes the court's response to the amended complaint, whether a preliminary injunction is granted, and how this lawsuit influences local district behavior around drop-off, pickup, and other moments when families are vulnerable. For more information on the case, please visit this link. If successful, this case could reaffirm that safe spaces in education are not optional, but a legal and moral obligation.