Oregon Preschool, National Teacher Unions Sue to Block ICE Arrests on School Grounds

A Growing Legal Challenge to Immigration Enforcement in Schools and Places of Worship

A federal lawsuit has gained momentum as a preschool in Oregon and two national teacher unions have joined the legal battle against the Trump administration. The suit aims to protect schools, churches, and other places of worship from immigration enforcement activities. This move comes after a distressing incident involving the detention of a father at a local preschool, which sparked widespread concern among educators and families.

The incident occurred in mid-July when Mahdi Khanbabazadeh, a chiropractor originally from Iran, was detained by U.S. Immigration and Customs Enforcement (ICE) agents while dropping off his 2-year-old son at Beaverton’s Guidepost Montessori preschool and daycare. According to dash cam footage, ICE agents approached his car and demanded he roll down the window. When he asked why and mentioned that he had a baby in the car, the agents broke the driver’s window.

This event led to a chaotic scene with parents rushing into the school, federal officers shouting, and the school’s leader, Amy Lomanto, being physically restrained by an officer while filming the encounter. Lomanto was reportedly shoved against a car, causing her arm to be heavily bruised. She continued filming despite threats of arrest, highlighting the tension and fear experienced by the school community.

Impact on Educators and Students

The incident had a profound impact on the school's staff and students. Teachers and administrators reported increased stress and anxiety, with student absenteeism rising significantly. For instance, attendance dropped by 20% in the weeks following the event. One educator, Lauren Fong, described feeling "in shock" upon learning about the father's arrest, while also struggling to keep her young students calm. There were particularly difficult moments when a child asked if his father would come to pick him up, leading to emotional distress and difficulty during nap time.

The National Education Association (NEA), the largest union in the United States representing over 3 million members, cited these challenges as reasons for joining the lawsuit. The NEA emphasized the need for safe and welcoming environments in classrooms, where children, parents, teachers, and administrators can feel secure without the constant threat of immigration enforcement.

Similarly, the American Federation of Teachers (AFT), with 1.8 million members, highlighted the concerns of noncitizens and those living in households with mixed immigration statuses. The AFT noted that its members are exercising more caution when participating in public actions or rallies, fearing restrictions on their rights to express themselves and advocate for their interests.

Legal Arguments and Previous Cases

The lawsuit initially filed in April in Eugene, Oregon, involved several churches from Oregon, California, and Florida, an interfaith council from San Francisco, and an Oregon nonprofit Latino group. These entities sought to restore sanctuary protections for religious and community spaces. The amended suit includes additional plaintiffs such as Amy Lomanto, Hanna Mae Anderson, Lauren Fong, and Caroline Keating Medeiros, a parent and immigration lawyer.

The amended suit argues that longstanding federal policy under both Republican and Democratic administrations consistently affirmed the importance of protecting houses of worship, schools, health care clinics, social services, and other public places from immigration enforcement except in limited circumstances. However, the Trump administration reversed this practice in January, exposing such safe havens to immigration enforcement at the discretion of agents.

Attorney Nelly Garcia Orjuela, representing the Innovation Law Lab, stated that the addition of new plaintiffs has strengthened the case. She emphasized the importance of communities being able to gather, worship, heal, and learn regardless of appearance or origin.

Ongoing Legal Proceedings

Assistant U.S. Attorney Patrick J. Conti filed a motion in July to dismiss the original suit, arguing that the churches lacked authority to challenge the Department of Homeland Security’s guidance on immigration enforcement. He also claimed that such enforcement did not substantially burden the exercise of religion. According to Conti, Homeland Security issued new guidance for ICE officers on January 20, advising them to use "common sense" and "discretion" when conducting enforcement near sensitive locations like churches and other houses of worship.

The case is currently pending before U.S. District Judge Ann Aiken in Eugene. As the legal battle continues, the focus remains on ensuring that schools and places of worship remain safe havens for all individuals, regardless of their immigration status.