What to Do When Federal Immigration Agents Show Up in School

On January 20, the U.S. Department of Homeland Security (DHS) rescinded the Biden Administration’s guidelines for Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) enforcement actions in or near “sensitive locations,” which previously included schools.  

Since schools were deemed “sensitive locations" before the policy change, federal immigration officials could not conduct certain types of immigration enforcement activities at schools, except in very narrowly defined circumstances. Now, the federal government may conduct lawful immigration enforcement activities at schools just as they would in any other location where there is a reasonable suspicion of criminal activity.  

With the change in policy, there may be an increase in immigration enforcement actions at or in schools.  What should K-12 schools do when ICE or CBP show up on campus?

Obligations to Students

• Educational Rights Extend to All Students, Regardless of Immigration Status: All students have the right to a K-12 education in public schools as established by the United States Supreme Court in Plyler v. Doe. Public schools generally cannot deny enrollment based on immigration status, nor create policies that discourage undocumented students from enrolling and attending school.
• Adhere to State and Federal Laws Protecting Student Privacy Rights: The Family Rights and Privacy Act (FERPA) and state laws on student data or privacy protect student records, including information contained in such records related to a student’s immigration status. Schools should be mindful of these privacy laws where violation can impact funding and lead to potential litigation.
• Compliance with Warrants, Subpoenas and Judicial Orders: How schools must comply with warrants, subpoenas and judicial orders depends on the type of notice they receive from the federal government. Any type of notice should be provided to the appropriate school authority to evaluate consistent and uniform response.

If ICE or CBP Arrive at Your School

• Have a Contact Protocol in Place: Who are the people in your school that need to be notified immediately that federal immigration agents are on campus? Who will coordinate response to search warrants and to provide guidance to school officials regarding warrant review requests? Who can assist in person or speak with the immigration officers by telephone?
• Documentation and Record Keeping: Ask the agents to provide their names, badge numbers and contact details, along with any other relevant documents (warrants, subpoenas, or judicial orders). Record the time and location of the activity.  Take photos or notes on what is happening, without obstructing law enforcement. Scan and email a copy of all documentation and information collected to your designates school representative/general counsel.
• Compliance and Conduct: Maintain professionalism by staying calm and cooperative. Do not obstruct the federal agents or provide false information, as this can lead to legal repercussions.
• Right to Silence: Inform employees, students, and families of their right to remain silent and request legal representation.
• Access to School Campus: ICE and CBP do not have automatic access to schools.  Ask the agents to wait in the front office until you receive guidance from the legal department. Do not allow the agents access to the campus, students, or records without prior approval from the legal department. 
• Parent Communications: Contact parents and inform them of the situation.

Planning Ahead

• Emergency Contacts: Regularly provide families with opportunities to update emergency contact information and designate alternative contacts if a parent or guardian becomes unavailable.
• Preparedness Plans: Encourage families to develop safety or preparedness plans, which can be shared with the school. These plans should include instructions for scenarios where a parent is taken into custody from school, including identifying designated guardians or individuals authorized to pick up the student.
• Unreachable Parents or Guardian: Establish the contact person when a student is left beyond a reasonable time and no contact can be made with a responsible adult.

These immigration issues may be quickly evolving as additional executive actions and court challenges take place.

Please contact Brandon Davis, Ashley J. Heilprin, Rebecca Sha or any member of the Phelps Immigration and Education teams for the latest guidance and tailored advice.