Proposed ICE Detention Center in Santa Clara County
Written By Marc Cooper for Franklin McKinley School Board 2026
The last FMSD Board meeting was on 6/9/2026. I’ve provided highlights and my comments: https://www.youtube.com/live/w4GOiYA270o?si=o5gg-N8-WWWEyXrF
10. ACTION ITEMS: I will share why I voted to “ABSTAIN” on Item 10.10 “Resolution 2026-31 - Opposition of Proposed ICE Detention Center in Santa Clara County.” https://fmsd.community.highbond.com/document/bdfc6a63-ab6a-4a63-929b-e7fa7b666bc1/
My comments and the reason I voted to ABSTAIN from voting:
My Response to Proposed Resolution No. 2026-31
“Resolution in Opposition of a Proposed Detention Center in Santa Clara County”
This is NOT in our jurisdiction. We are a School Board.
The proposed detention center is in Gilroy, which is approximately 40-55 minutes’ drive from FMSD. It is NOT even in our District!
We are sworn in as School Board trustees: “do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of California” WHICH INCLUDES the laws of the local, state, and federal government.
AND MOST IMPORTANTLY: Why are we as School Board trustees wasting our time on something that is NOT helping our students test scores, reading levels, math skills, and academic achievement? Isn’t that what our priority is? Isn’t that our Mission Statement?
We are the Board of Education!
Why don’t we focus on the facts!
According to Education Data Partnership online:
In 2024-2025 ONLY 35% of FMSD students are at grade level in ELA (English Language Arts)...65% (2/3) are NOT!
In 2024-2025 ONLY 28% of FMSD students are at grade level in Math…72% (almost 3/4) are NOT!
According to U.S. News and World Report online:
In 2024-2025 ONLY 36% of FMSD students are READING at grade level…64% (almost 2/3) are NOT!
IN CONCLUSION: I will ABSTAIN from voting on this Resolution, and I encourage the other Board Members to do the same! Let’s keep our focus on the education of our students!”
THE FINAL VOTE WAS: 4 AYES AND 1 ABSTAIN (me).
I also provided this document to be attached in Public Records to the Agenda:
“Yes, ICE agents and Department of Homeland Security (DHS) officers have entered school district property. (NONE in Santa Clara County). Under current federal directives and policy changes, agents are permitted to conduct enforcement actions, though this requires high-level supervisory approval and remains highly regulated. [1]
The scenarios under which federal agents operate on or around school properties include:
Targeted Investigations and Enforcement: Federal agencies, including Homeland Security Investigations (HSI), have occasionally entered campuses (or attempted to) in search of specific individuals or former students. [1, 2]
Campus Staging and Activity: Agents have entered school grounds to conduct broader investigations or use the premises as staging areas, which sometimes occurs without prior permission. [1, 2]
Neighborhood Operations: ICE operations in surrounding neighborhoods—including high-speed chases, traffic stops, and sweeping roundups near campuses—have brought agents right to the borders of school properties, occasionally forcing schools into lockdown. [1, 2, 3]
School Protections and Rights
While agents can approach or enter school grounds, schools generally function as sensitive locations. Under established legal frameworks: [1]
Warrant Requirements: ICE agents typically carry administrative warrants. These do not grant legal authority to enter private or secure spaces (like classrooms or administrative offices) without school consent. To forcibly enter or search secure school property, agents must present a judicial warrant signed by a judge. [1, 2, 3]
School District Protocol: Most school districts maintain policies to protect student privacy and safety. When agents arrive on campus, administrators usually require them to wait in the main office, verify their credentials, and review any provided documents with district legal counsel. [1, 2]
Student Privacy: Under the Family Educational Rights and Privacy Act (FERPA), school staff cannot legally disclose a student’s specific presence or location to federal agents without proper authorization.
If you are a student, parent, or educator and want to know how to respond to an ICE presence, I can provide:
Tips on identifying valid judicial warrants versus administrative warrants.
A breakdown of your specific school district’s safety and privacy policies.
