Department of Homeland Security responds to Denver Public Schools' legal action over immigration enforcement in federal court

The Department of Homeland Security has filed a response to a motion by Denver Public Schools, which is challenging a new immigration enforcement policy from the Trump administration.

Last week, DPS became the first school district in the country to challenge the guidance, which states that schools are no longer off-limits for immigration enforcement actions. The district sought a temporary restraining order against the policy.

In its response, filed Friday night, DHS argued that DPS has not demonstrated any injury caused by the new policy. The agency said restricting enforcement near schools would limit the ability of Immigration and Customs Enforcement agents to do their jobs and that the law protects the agency's discretion to operate "with a healthy dose of common sense."

DHS further stated that DPS has not shown it would suffer harm if the restraining order is not granted.

"DPS alleges that it has been injured by DHS's change in its immigration enforcement guidance. But DPS lacks a legally cognizable injury that allows it to challenge such guidance," the Department of Homeland Security argued, in part, in its court filing. 

DPS has said concerns over immigration enforcement have had a significant impact on student attendance, but DHS says the school district has not shown evidence its actions were responsible.

"DPS's claimed injuries arise from the apprehension experienced by parents and students confronted with the potential for immigration enforcement," DHS's court filing continued. "The evidence does not show that DHS actually caused the drop in attendance. Rather, the evidence shows that any drop is the result of fears among students and parents, not any actual enforcement actions by DHS at schools, and may relate to false reports of immigration enforcement at schools or enforcement actions that did not take place on school grounds or at bus stops."

In a statement last week, DHS spokeswoman Tricia McLaughlin said, in part, "we are protecting our schools, places of worship, and Americans who attend by preventing criminal aliens and gang members from exploiting these locations and taking safe haven there because these criminals knew law enforcement couldn't go inside under the previous Administration."

The case is now before a federal judge in Denver.  

You can read DHS's full 46-page filing responding to DPS here: