Denver - On Monday, June 9, 2025, Denver Public Schools (DPS) and the Department of Homeland Security (DHS) mutually agreed to dismiss the lawsuit filed against DHS on February 12, 2025. 

The lawsuit asked the court to immediately prohibit DHS from revoking the sensitive locations status for schools with regard to immigration enforcement. 

On January 21, 2025, the Department of Homeland Security issued a press release that announced the rescission of several policies. In the press release, DHS claimed to have rescinded the Biden Administration’s guidelines for Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) enforcement actions, which had previously prevented law enforcement from operating in or near so-called “sensitive” areas. While it was announced that the policy had been changed, the details of the new policy were not released at that time.

DPS filed suit to restrict this change and to force DHS to release the language of the new policy. This past March, the court declined to grant DPS’ request for a temporary restraining order or issue a preliminary injunction, which would have prohibited DHS’ enforcement under the purportedly revised policy. 

However, before oral argument in the case, DHS released the guidance as requested in DPS’ FOIA claim, effectively mooting that claim in a victory for DPS. As a direct result of the lawsuit, DHS published the “new” policy, as required by law, and admitted that the policy had not been fundamentally changed from the previous version. 

This was another significant victory for DPS and school districts nationwide, as the Department of Homeland Security admitted in federal court that the policy had not been changed in a meaningful way and that schools remained protected as sensitive locations. This fact was not previously known.

The suit was dismissed without prejudice, which allows DPS the opportunity to refile should immigration enforcement agents come onto school property or conduct enforcement activities near a school. Additionally, both parties agreed to pay their own costs and legal fees. Because DPS was represented pro bono, DPS has not incurred any costs or fees in this matter.

In DPS, we strive to provide safe and welcoming environments for ALL of our students. Those words are not hollow, but rather, carefully selected. Students cannot learn unless they feel safe and welcome in our schools. We owe that to them. 

To all our students, staff, families, and community members, please be assured that we will continue to monitor developments regarding immigration enforcement in sensitive areas. We will not hesitate to re-engage with our legal counsel and refile the lawsuit should circumstances change or if otherwise necessary. Just as DPS was the first school district in the nation to challenge this administration’s policies in federal court, DPS will be the first school district in the country to return to court should there be any additional federal overreach.

-DPS-