If ICE or CPB shows up at one of your campuses, follow these steps.
On January 21, 2025, the Acting Department of Homeland Security Secretary rescinded the Biden Administration’s 2021 guidelines for ICE and CBP enforcement actions, which had provided that, “to the fullest extent possible” enforcement action should not be taken in specified “protected areas,” including schools and places of worship among others, subject to various specified exceptions. The rescission of this guidance designating schools as protected areas has raised questions as to how schools should respond in the event ICE or CBP do arrive at schools as part of an enforcement action. We recommend the following:
1. Designate a specific person or persons in the central office as initial points of contact for ICE or CBP. All other personnel should be instructed to direct ICE and CBP to those representatives. Districts are encouraged to follow Board Policy GRA (Legal and Local) with respect to questions regarding students and contact their counsel for immediate, specific guidance if law enforcement arrives at your campus.
2. Verify the identity of the official. Ask for the officer’s name, record the badge number, telephone number, and business card and carefully document the encounter by either copying or writing down information provided. Cooperate and do not participate in hiding or removing individuals or documents from the premises.
3. Determine the purpose of the visit and the nature of the request. Immigration officials have the right to enter areas open to the public such as lobbies, waiting areas and parking lots that are considered public. Private areas, or areas not open to the public, require a warrant. Unlike judicial warrants, administrative warrants do not satisfy the Fourth Amendment requirement of judicial review, and the officials cannot enter the premises without your consent.[1] Valid judicial warrants should be carefully reviewed, with the assistance of counsel if possible, and the specific, limited requests should be honored. You may ask the officials for a warrant.
4. If a warrant is presented, distinguish whether the warrant is an administrative warrant or is a judicial warrant issued and signed by a judge. An administrative warrant may be signed by various immigration officials and will be issued on a DHS Form. Specifically, DHS arrest or removal warrants will be found on Form I-200 and Form I-205. A sample of form I-200 provided online by DHS is at the link below.
5. With respect to employees, employers are required to make their Form I-9s available for inspection if requested by authorized U.S. government officials from the DHS, Department of Labor (DOL),or Department of Justice (DOJ) and failure to do so can result in civil fines or criminal penalties.
6. Should the request involve students, FERPA prohibits disclosure of educational records, other than directory information, without prior written consent, court order, or subpoena except in exigent health and safety emergencies. With a court order, the school must still undertake reasonable efforts to notify the parent of that order prior to disclosure.
7. If a law enforcement officer presents a federal or state warrant or subpoena and requests an interview with a student, in accordance with GRA(Local) campus staff should:
· Verify and record the identity of the officer or other authority and ask for an explanation of the need to question a student at school;
· Notify the student’s parents or other approved family members;
· Notify the superintendent and if needed, legal counsel;
· Ordinarily, be present for the questioning or interview; and,
· Cooperate with all lawful requests
We encourage our clients to prepare calmly and intentionally and let us know how we can best assist. Clients of Leon | Alcala are encouraged to call our direct lines at any time for specific assistance.
[1] See v. City of Seattle, 387 U.S. 541,545-46, 87 S. Ct. 1737, 1740-1741 (1967). El Badrawi v. Dep't of Homeland Sec., 579 F. Supp. 2d 249, 275(D. Conn. 2008) (“… [A]s a matter of federal constitutional law, search warrants issued exclusively by executive officials involved in an investigation are ignored for Fourth Amendment purposes.” [citation omitted]).