
Executive Orders Impacting Educational Institutions… What You Need to Know
Jan 21, 2025
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Within hours of entering the White House, President Trump began issuing a series of executive orders, some of which will impact educational institutions and the communities they serve. Robbins Schwartz attorneys are closely monitoring the executive actions, and have identified two orders that administrators should be aware of:
- Protecting the American People Against Invasion directs the executive branch to set priorities regarding immigration that include enforcement of final orders removing undocumented persons and prosecution of criminal offenses related to the unauthorized entry or continued unauthorized presence of undocumented immigrants in the United States. In addition to issuing the executive order, President Trump has indicated plans to execute a large-scale deportation operation, with Chicago being a priority region to begin this operation. Pursuant to this executive order, the Department of Homeland Security (“DHS”) issued directives rescinding the Biden Administration’s guidelines for Immigration and Customs Enforcement (“ICE”) and Customs and Border Protection (“CBP”) which previously limited law enforcement immigration actions in so-called “sensitive” or “protected areas,” including churches, schools, and college and university campuses. As such, ICE and CBP are no longer prohibited from conducting law enforcement operations, including arrests, in or around schools or college and university campuses. A DHS spokesperson indicated that the Trump administration trusts ICE and CBP officials to use “common sense” in the engagement of such activities. The exact impacts of the executive order, DHS directives and federal deportation operation remain unclear; however, educational institutions should continue to follow normal practices and procedures when responding to law enforcement requests for access to students and employees while on campus. If an ICE or CBP official requests information or access to a student or employee, the school should contact its legal counsel. It is also important to remember that, pursuant to state and federal student records laws, educational institutions may not disclose protected student information, including a student’s citizenship or immigration status, that alone or in combination with other information identifies the student without proper authorization. Robbins Schwartz attorneys have prepared a series of guidance documents and templates to assist administrators in navigating potential encounters with immigration officials.
- Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government directs the federal government to recognize two distinct sexes – male and female – as defined by a person’s biological sex at conception. The order defines sex as an “immutable biological classification” that does not include the concept of gender identity. The order directs the head of each federal agency to rescind all guidance documents inconsistent with the order, which includes several Department of Education documents about supporting LGBTQ+ students and creating inclusive and nondiscriminatory educational environments for such students. The order also requires that government-issued identification documents, including passports, visas, and Global Entry cards, must accurately reflect the individual’s sex (i.e. “male or female”). The order further directs the Attorney General to “correct the misapplication” of the Supreme Court’s decision in Bostock v. Clayton County (2020), which the prior Administration interpreted to require gender identity-based access to single-sex spaces under Title IX. Although the executive order does not modify Title IX regulations, the 2024 regulations were vacated through a recent court decision, leaving the 2020 Title IX regulations currently in effect. The 2020 regulations do not provide specific protections for individuals on the basis of sexual orientation or gender identity, and based on this order, they will not be interpreted by the federal government to do so. However, state law protections for sexual orientation or gender identity remain in place. The Robbins Schwartz 2020 Title IX Toolkit materials will be made available to those who previously purchased our Title IX materials. For those who did not previously purchase our Title IX materials, feel free to contact marketing@robbins-schwartz.com. The Toolkit materials include a webinar reviewing the 2020 Title IX regulations, forms and notification letters, and corresponding policy and procedures.
We will continue to monitor the implementation of these executive orders and provide updates. Please feel free to contact any Robbins Schwartz attorney with any questions, requests for guidance or toolkit materials, or for more information regarding the recent executive orders.