1. United States
2. Md.
3. Letter

I am writing to urge you to push school districts and states in your jurisdiction to file lawsuits against the Department of Homeland Security for violations of the Individuals with Disabilities Education Act and the Free Appropriate Public Education guarantee under federal law. Law enforcement and ICE officials are now entering public schools to remove immigrant students and staff and revoke visas of higher education students. When students with disabilities cannot access their education due to fear of ICE actions or actual removal from school premises, this constitutes a clear violation of FAPE. The Individuals with Disabilities Education Act guarantees every student with a disability the right to a Free Appropriate Public Education and an Individualized Education Program. These rights remain intact regardless of immigration status. In 2024, IDEA helped 7.5 million children with disabilities, with the Department of Education disbursing $15.4 billion to implement the law. School districts have legal obligations to provide special education services, speech therapists, behavioral aides, and adaptive technology to students with disabilities. When ICE actions create an environment where students with disabilities cannot attend school or access their IEP services, school districts cannot fulfill their legal obligations under IDEA. Any discrimination based on disability status in educational settings violates both FAPE and IDEA. Students with disabilities from immigrant families face compounded barriers when ICE presence in schools prevents them from receiving the accommodations and services detailed in their IEPs or 504 plans. This is particularly harmful for students who are Black, Brown, Indigenous, or from rural communities, who already face educational disparities. School districts and states have standing to sue DHS for interfering with their ability to comply with federal education law. I urge you to advocate for legal action to protect the educational rights of students with disabilities and ensure that immigration enforcement does not violate IDEA and FAPE protections. These students deserve dignity, respect, inclusion, education, and safety at school.