The union also requests a non-retaliation policy to protect school employees
Posted: May 14, 2025
The Hawaiʻi State Teachers Association is asking the Hawaiʻi State Department of Education to affirm that it won’t retaliate or discipline school employees who refuse to participate in immigration enforcement. The union also wants HIDOE to require administrators to be trained on immigration enforcement issues.
In a letter to Schools Superintendent Keith Hayashi on Wednesday, HSTA Deputy Director Andrea Eshelman said, “Educators across Hawaiʻi remain deeply concerned about the potential impact of heightened immigration enforcement, not only on students and their families, but also on school employees.”
More than 40 people, most of them public school teachers, attended a talk-story event with U.S. Rep. Jill Tokuda (D, Hawaiʻi) in Kona Saturday afternoon, organized by HSTA to discuss immigration enforcement concerns. Afterwards, Tokuda called the meeting “heart-wrenching.”
To help reinforce protections already in place, the HSTA is asking that HIDOE remind school-level administrators of contractual obligations regarding campus visitors, including law enforcement officers.
The HSTA contract section on campus visitors says the following: “Reasonable effort will be made to confine the visits of police officers or officers of the court to the administrative building. They shall be sent directly to a teacher’s classroom/work area only in the case of an emergency or when the circumstances are beyond the control of the principal or other immediate supervisor.”
In addition, HSTA’s letter requests that the HIDOE consider taking the following actions:
1. Add mandatory training for school-level administrations on:
- Handling visits or inquiries from immigration enforcement or law enforcement;
- Employees’ rights under federal law and HIDOE policy;
- The boundaries of cooperation with ICE and related agencies.
Rationale: School leaders need clarity on what they can and cannot allow, especially under pressure. Training instead of just distributing written guidance reduces inconsistency and protects both staff and students.
2. Affirm and communicate a non-retaliation commitment that:
- No employee will face retaliation, discipline, or negative evaluation for refusing to participate in immigration enforcement;
- Employees will not be penalized for exercising their legal rights or for seeking union representation in such matters.
Rationale: Retaliation concerns can chill educators from asserting their rights or advocating for students. A clear non-retaliation stance is protective.
3. Provide schools with template letters or guidance for communicating with families about immigration enforcement, including:
- Student rights during immigration enforcement;
- How families will be contacted and notified related to ICE or other law enforcement activities on or near school property;
- How the school protects students’ privacy regarding immigration status.
Rationale: Families need reassurance. Many in our community are unaware of the BOE resolution; this action should be shared. Consistent, school-supported communication helps prevent panic and misinformation.
In HSTA’s letter, the union said it “appreciates the continued efforts” of HIDOE and the Hawaiʻi Board of Education (BOE) to support students, families, and employees amid growing concerns about U.S. Immigration and Customs Enforcement (ICE) activities in our communities.
“HSTA values and supports the commitment to ensuring that schools remain safe spaces where students can be regardless of their immigration status,” Eshelman said in her letter to Hayashi.
The HSTA is developing informational resources for members regarding their rights when encountering ICE or other law enforcement in or near their workplaces.
Eshelman commended the BOE for its April 10 resolution reaffirming the legal and moral foundation of Plyler v. DOE (1982), which guarantees all children access to a free public education regardless of immigration status.
The HSTA also appreciates BOE Chair Roy Takumi’s recent Civil Beat op-ed, which reinforced the BOE’s stance that student safety must take priority over compliance with outside agency requests.
As Takumi wrote, “except in extreme, life-threatening emergencies, schools should not allow individuals or organizations to enter schools if such a visit disrupts the educational setting,” and the HSTA believes this protection should extend beyond classrooms to include school buses, bus stops, and school-related activities.