I’d like to use my blog post to share resources and information focused around responding to ICE in schools. This was shared by West Bay Director, Jonathan Barnett-Tugbenyoh (shout out). Please review and share as you wish.
Guidance on Responding to ICE
- SFUSD Presentation
- CA Attorney General’s Guidance for Schools on responding to ICE (& responding to hate crimes)
- Laws/Policies Around ICE accessing school grounds
- Schools are “protected areas”
- However, exceptions can be made when ICE has a federal warrant or when there are “exigent circumstances necessitating immediate action”
- national security threat
- imminent risk of death, violence, or physical harm to a person
- hot pursuit of an individual who poses a public safety threat or
- an imminent risk that evidence in a criminal case will be destroyed
- a safe alternative location does not exist.
- Under the Fourth Amendment, an officer cannot prevent students from leaving campus or take them out of class to investigate non-criminal immigration violations
- Model Policy for responding to ICE requests to come on campus and access students
- Try to keep them in the office and refer them to the principal. The principal should be the only one they interact with and principal loops in the district.
- Principal should ask to see the officer’s credentials and the warrant/subpoena (make copies)
- ICE Warrant: does NOT grant them the power to compel a school official to cooperate, access non-public areas of the school, or search school records.
- ICE or federal administrative subpoena: district may decline to produce the information sought and choose to challenge the subpoena before a judge. School should immediately contact a designated district official for guidance
- Federal search-and-seizure warrant: allows an officer to conduct a search and a federal arrest warrant allows an officer to arrest the individual named. Schools should follow district guidelines and consult with legal counsel
- Also ask for and write down the phone number of the officer’s supervisor
- Advise the officer that before proceeding with their request, school must first receive notification and direction from the Superintendent
- If the officer declares that exigent circumstances exist (see examples above) and demands immediate access to the campus, school should comply with the officer’s orders and immediately contact the Superintendent
- Have admin contact the superintendent immediately who will consult with legal
- immediately notify the parents or guardians if a law-enforcement officer requests or gains access to a student for immigration-enforcement purposes, unless such access was in compliance with a judicial warrant or subpoena that restricts this disclosure
- Do not attempt to physically impede the officer, even if the officer appears to be exceeding the authorization given under a warrant.
- After the encounter, take written notes of officer’s credentials and contact information, all school personnel who communicated with the officer, Details of the officer’s request, Whether the officer presented a warrant or subpoena to accompany his/her request, what was requested in the warrant/subpoena, and whether the warrant/subpoena was signed by a judge, school’s response to the officer’s request, photo or copy of any documents presented
- Provide a copy of those notes/documents to Superintendent to share w/legal
- E-mail the Bureau of Children’s Justice in the California Department of Justice, at [email protected], regarding any attempt by a law-enforcement officer to access a school site or a student
- Helping families prepare
- Support families in creating a Family Safety Plan
- Explore options to create Caregiver’s Authorization Affidavit or a Petition for Appointment of Temporary Guardian of the Person, which would give a trusted adult the authority to make educational and medical decisions for the student (advise them to seek legal counsel)
- Resources for supporting when a family member is detained
- Laws/Policies Around ICE accessing school grounds