Supporting Safe Haven in Schools

Hello UE, As 2025 begins and the new administration takes office, I know we will all be working extra hard to bring our values of love, respect and justice into our work.  In my experience, one of the best things about working at Seneca is that in challenging times, we come together as a community, and we unite as a powerful resource in the work we do.

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
    • ICE Detainee Locator
    • Legal Resources
      • BAR website
      • List of Immigrants’ Rights Organizations

Blog By: Linzy Gustafson, Director of Operations