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Preparing for Interactions with ICE Agents in a Child Care Setting

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The recent changes to the US Immigration and Customs Enforcement (ICE) policies have raised some questions and concerns in our communities. Some of these changes to the Department of Homeland Security policies may affect child care centers but it is also important to recognize that we can continue to rely on our constitutional rights and have procedures in place to handle a potential ICE raid. We had the opportunity to attend a presentation on preparing for ICE Worksite Raids within child care settings and wanted to share some guidance for creating a plan for your program. The guidance provided is not legal advice, please reach out to your attorney for legal advice.

The “protected areas” guidance, issued by the Department of Homeland Security in 2021, that previously kept ICE activities away from child care centers, schools, and social service establishments has been rescinded by the Trump administration and therefore these are no longer considered protected areas.   Although this raises concerns for potential ICE raids, you still have legal protections and it is important to know individuals can still continue to rely on their Constitutional Rights.  The 4th Amendment continues to protect you from unreasonable searches and seizures and the 5th Amendment ensures the right to remain silent when confronted by law enforcement.  We will explain why these are important rights and how you can use them when interacting with ICE.  You can also consider sharing the “Know Your Rights” cards with your staff and/or families.

As we begin to create a plan to handle ICE interactions It is important to recognize that there is legally a difference between “public space” and “private space”.  ICE has the authority to approach and question people in “public spaces” without a warrant.  “Public spaces” include spaces like sidewalks, lobbies, parking areas or parking garages.  If approached in a “public space”, people still have their 5th Amendment right to remain silent and to contact an attorney.  For ICE to search or enter a “private space”, the 4th Amendment requires a valid Judicial Warrant signed by a federal or state judge, unless given consent to the search.  If ICE agents enter a “public space” or gain access to a “private space” through a warrant or consent, they can arrest people if they have a valid Administrative Warrant for that person or if they have probable cause to believe that the person is “removable” from the U.S.  It is important to understand that there is a difference between an Administrative Warrant and a Judicial Warrant and only a Judicial Warrant gives ICE the right to enter a “private space”.  ICE must have a signed and dated Judicial Warrant to enter a “private space”.  The Judicial Warrant must be issued by a court; be signed by a judge or a magistrate (not an immigration judge or agent); state the address of the premises to be searched (check for your exact address); and be executed within the limited time frame specified on the warrant.  ICE frequently uses Administrative Warrants which are signed by an immigration officer or immigration judge which do not authorize ICE agents to enter “private spaces”.  Without a Judicial Warrant ICE needs consent to enter “private space” and you have no legal obligation to give consent.

Here are some important tips to prepare for interactions with ICE:

  • Protect “Private Spaces”
    • Label your “private space” – sign at the door reading “Private Space”
    • Use protocols to keep the space secure – locked doors, sign in to enter, etc.…
  • Identify a staff person as the Point Person in case of an ICE Raid
    • The Point Person should know how to review a warrant (know the difference between administrative and judicial; check signatures, dates, and address)
    • The Point Person will know who else to contact if ICE arrives (lawyer, exec director, security officer, etc.…)
    • The Point Person will be the main point of contact with ICE
    • Have a back-up Point Person as well
  • If ICE arrives:
    • Stay calm and professional.
    • Say to ICE agent “This is a private area of our facility / private property, and our facility does not permit individuals, including law enforcement, to enter the facility without a signed judicial warrant. Please wait in a public area while we obtain further guidance.”
    • Request identification (name, badge/ID number, telephone number & business card).
    • Ask if the agents have a warrant.
    • Immediately notify the designated “Point Person.”
    • “Point Person” will determine if ICE agents present a valid judicial warrant:
      • Verify that it meets all legal requirements.
  • If ICE Agents present an Administrative Warrant (“Point Person” to determine):
    • Politely decline entry to non-public areas.
    • “Without a signed judicial warrant, I am not authorized to grant you access to the facility. Please leave the grounds so that there is minimal disruption to the normal operations of our center.”
    • You do not need to provide any information about individuals.
    • If you have a lawyer, call them.
  • If ICE Agents present a Judicial Warrant:
    • Give the agents access to the facility sufficient to detain the person identified in the warrant, or gather the information required to be disclosed under the warrant.
    • Work with the agents to minimize the disruption. Consider arranging for the agents to meet with staff and any person to be detained / subject to an arrest warrant in a separate room.
    • Do not block or interfere with ICE activities or the agents.
    • Ask for agents’ names, badge numbers and business cards.
    • Object to a search outside the warrant’s scope, but do not debate or argue with the agent. Simply state your objection to the agent and make note of it.
  • Document everything:
    • Keep copies of any documents presented.
    • Take notes, photographs, or videos (if comfortable) of the visit.
    • Note any access ICE gains to information or records.
    • Obtain a receipt for any records taken by ICE. If needed, you can ask to make copies of records before ICE takes them. Reasonable requests are often granted.
  • If a person is detained, you may ask the ICE agents for permission to ask the person if they would like you to contact an emergency contact or other person.
    • If the detained person authorizes you to do so, you may provide all the information obtained from the ICE agents to the identified person.
    • You may ask the ICE agents where the person will be detained.
    • Try to objectively document details of the immigration enforcement action.
    • If someone is detained by ICE, their contacts can try to use ICE’s online detainee locator to find them:

Maintain emergency contact information for all children in case of emergencies.

  • If no emergency contacts respond, you may need to involve local authorities or child protective services.
  • Suggest to parents that they make a “Family Preparedness Plan.” A Connecticut template is available in nine languages.
  • Tips to Protect Student and Family Information
    • Only collect information about children and families that’s necessary for enrollment or educational purposes.  It is not usually necessary to ask for or to collect information on immigration status.
    • Only make such information available to staff for required program or educational purposes.
    • Have a policy that staff should not share information about children, their families, or employees with ICE or any third party without a legal requirement (i.e., subpoena, court order, or parental consent).

In light of the changes to the “protected areas” policy it is important that all child care centers consider a step by step plan to handle possible interactions with ICE, as you would any other emergency plan.  A clear documented plan will help to minimize the impact of these potential interactions on staff and children.  You can find more information at the National Immigration Law Center, the ACLU, and the Center for Law and Policy.

~ Written and prepared by Monica Boeckmann Whalen, CTNCY’s Conference and Training Service Coordinator & After School Quality Advisor

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