Puerto Rico Sen. María de Lourdes Santiago, of the Puerto Rican Independence Party (PIP), denounced that bill P. del S. 1062, approved in the Senate, could weaken protections for students with undefined immigration status. The measure was originally filed to protect all immigrant students against discrimination, but amendments were added that, according to the senator, open the door to interventions by U.S. Immigration and Customs Enforcement (ICE).
Santiago said the bill offers fewer guarantees than the Department of Education’s (DE) current protocol because consultation with the Department of Justice and the DE’s legal division becomes optional, and because student accompaniment, mandatory under the protocol, becomes optional. The bill states consultations cannot be used to prevent, delay or hinder an intervention authorized by judicial order.
"By definition, if you have to call someone or make a consultation, of course that is going to delay the intervention," Santiago said. Santiago said the Senate Government Committee, which held no public hearings, added an amendment allowing ICE into schools with administrative orders; senators removed that provision during floor debate, so the approved text requires a judicial order.
The ACLU of Puerto Rico, through executive director Annette Martínez Orabona, warned the amendments compromised the constitutional right to public education, protection against unreasonable searches, privacy and child safety guarantees. The measure passed with 20 votes in favor, mostly from New Progressive Party (PNP) and Popular Democratic Party (PPD) senators, and four against: the two PIP senators and independents Joanne Rodríguez Veve and Eliezer Molina.