The American Civil Liberties Union (ACLU) is currently seeking a federal investigation in the Nampa School District in Idaho over the allegation that the school implemented a  “discriminatory dress code” that affects and discriminates against Latino students. This legal action was based on a complaint filed by the ACLU with the Justice Department, which is now considering the investigation.

The ACLU argues that the Nampa School District, which has a significant Latino student population, is violating several student rights by enforcing an informal dress code that considers Latino cultural items as gang-related attire. These items include clothing reminiscent of the Cholo style, Catholic rosaries, and the image of an Aztec black eagle, which is a symbol associated with the "United Farm Workers", an organization founded by César Chávez to fight for labor and civil rights.

In addition, the ACLU argues that Latino students are also punished for wearing clothing with specific colors, such as red and blue, which coincidentally are also the colors of some schools in the district. The organization further states that, in practice, the school district establishes unwritten policies through informal consultations with law enforcement officials, allowing additional rules and disciplinary consequences to be applied arbitrarily and individually to students.

According to a report by NBC News, the  ACLU spoke with several Latino families who were affected by these policies, and the cases include allegations that students were wrongly accused of gang membership based solely on their racial identity and the clothing they wore. This has led to some students missing school and feeling constantly under surveillance.

The school district, for its part, claims to have a solid partnership with the local police department and succeed in reducing gang violence in schools. They claim to offer anti-bullying and cultural sensitivity training to employees every year and deny any support for discriminatory practices.

The ACLU's complaint argues that enforcing these policies creates a hostile environment for Latino students, resulting in disproportionate suspension rates compared to white students. This, according to the ACLU, leads to significant loss of class time and educational opportunities for Latino students.

The ACLU is asking the Department of Justice to not only investigate the school district's actions, but also take corrective action and monitor the district's future compliance with the policies. The ACLU believes the Justice Department can find specific solutions for those unfairly affected by these policies and hopes the department will choose to open an investigation into the matter.