Purpose
This toolkit provides school administrators with clear protocols for responding to immigration enforcement on campus while protecting student rights and maintaining legal compliance.
Before an Incident: Preparation
1. Policy Development
Pass a Safe Zone Resolution that:
- Formalizes non-cooperation with warrantless ICE operations
- Mandates judicial warrant verification by legal counsel
- Designates chain of command for ICE interactions
- Protects confidential student information
2. Designate Roles
| Role | Responsibility |
|---|---|
| Response Coordinator | Principal or senior administrator |
| Legal Contact | District general counsel (on retainer) |
| Communications | Parent notification coordinator |
| Support Services | Counselors for student trauma response |
3. Staff Training
Train ALL staff including:
- Front office personnel
- Teachers
- Cafeteria workers
- Custodians
- School Resource Officers (SROs)
Training must cover:
- Warrant verification
- When to refer to principal
- What NOT to say
- Trauma-informed student support
4. Data Audit
Review all forms to ensure you do NOT collect:
- Social Security numbers (not required for enrollment)
- Visa or immigration status
- Passport information
- Country of birth (beyond what's needed)
Warrant Verification Guide
Document Comparison Chart
| Document Type | Issuing Authority | Compels Entry to Private Areas? |
|---|---|---|
| Judicial Search Warrant (AO 93) | Federal Judge/Magistrate | YES |
| Judicial Arrest Warrant (AO 442) | Federal Judge/Magistrate | YES |
| Administrative Warrant (I-200) | ICE Officer | NO |
| Administrative Warrant (I-205) | ICE Officer | NO |
| Judicial Subpoena | Federal Court | Records only — forward to counsel |
| Administrative Subpoena (I-138) | ICE Officer | Forward to counsel for review |
How to Identify
Judicial Warrant:
- Header: "United States District Court" or state court
- Signed by: Judge or Magistrate
- Contains: Specific location and/or person named
Administrative Warrant:
- Header: "Department of Homeland Security"
- Signed by: ICE/DHS Officer
- Does NOT authorize entry without consent
When ICE Arrives: Step-by-Step Protocol
Step 1: Front Office Response
Script for front office staff:
"I am not authorized to grant access to this facility or share student information. Please wait in this designated area while I contact the school principal to assist you."
Actions:
- Do NOT let agents past the lobby
- Do NOT call for any students
- Immediately contact the principal
Step 2: Principal/Administrator Response
- Go to the agents — do not make them wait long
- Request credentials — record:
- Agent names
- Badge numbers
- Agency (ICE, CBP, HSI)
- Supervisor phone number
- Ask for the warrant — request physical copy
- State clearly:
"As a representative of this school district, I do not consent to your entry into the private, non-public areas of this campus. I am forwarding your documentation to our district legal counsel for review. We will comply with all valid judicial warrants once verified by our attorneys."
Step 3: Verify the Warrant
Do NOT produce students or records until legal counsel verifies the warrant.
| If Judicial Warrant | If Administrative Warrant |
|---|---|
| Contact counsel for guidance | You have the right to deny entry |
| Comply with warrant scope only | State: "I do not consent to entry" |
| Document everything | Agents must leave private areas |
| Notify superintendent | Document and report |
Step 4: If Agents Enter Without Judicial Warrant
Do NOT physically obstruct. State clearly:
"I am not consenting to this entry. I am not physically obstructing you, but I do not consent."
Document everything for potential legal challenge.
Response Scripts
For Teachers
If an agent approaches a classroom:
"This is a private classroom and learning environment. Please return to the main office and speak with the principal regarding your request."
Do NOT:
- Identify any students
- Answer questions about student status
- Allow agents to address students
For School Resource Officers (SROs)
SROs should:
- NOT assist ICE in any capacity
- NOT use school facilities for immigration enforcement
- NOT honor ICE detainers
- Refer all ICE requests to the principal
Script:
"Immigration enforcement is not within my scope of duties. Please speak with the school principal."
FERPA Compliance
What You Cannot Share
Under the Family Educational Rights and Privacy Act:
| Protected Records | Requires |
|---|---|
| Student enrollment | Parental consent or court order |
| Attendance records | Parental consent or court order |
| Parent contact information | Parental consent or court order |
| Academic records | Parental consent or court order |
Responding to Records Requests
| Request Type | Response |
|---|---|
| Verbal request | "I cannot provide any records without proper legal process" |
| Administrative subpoena | "This must be reviewed by our legal counsel" |
| Judicial subpoena | Forward to counsel; may file motion to quash |
| Judicial warrant | Comply under counsel guidance |
Parent Notification
When to Notify
Unless explicitly prohibited by a federal gag order:
- Notify parents immediately if their child is the subject of an ICE inquiry
- Document all notification attempts
- Use emergency contact information on file
Notification Script
"This is [Name] from [School]. I'm calling to inform you that federal immigration agents visited our school today and inquired about [your child / students]. [Your child was not taken into custody / was not contacted directly]. We wanted to ensure you were aware. If you have questions about your rights, we can connect you with [legal aid organization]."
After an Incident
Documentation Checklist
- [ ] Date and time of encounter
- [ ] Agent names and badge numbers
- [ ] Agencies involved
- [ ] Warrant type (if presented)
- [ ] What was requested
- [ ] What was provided (if anything)
- [ ] Statements made by agents
- [ ] Statements made by staff
- [ ] Students/families affected (if known)
- [ ] Witnesses
Reporting
- File incident report with superintendent
- In NYC: File OORS (Online Occurrence Reporting System) report
- Contact district legal counsel
- Notify parent organizations if appropriate
Student Support
Mobilize:
- School counselors
- School psychologists
- Social workers
- Trauma-informed support resources
Focus on:
- Restoring sense of safety
- Age-appropriate explanations
- Mental health resources
- Community healing activities
Safe Zone Resolution Template
RESOLUTION OF THE [DISTRICT NAME] BOARD OF EDUCATION
WHEREAS, all students have a constitutional right to a free
public education regardless of immigration status (Plyler v. Doe);
WHEREAS, the [District Name] is committed to providing a
safe and welcoming environment for all students;
WHEREAS, immigration enforcement on school grounds creates
fear and disrupts the educational environment;
NOW, THEREFORE, BE IT RESOLVED:
1. District employees shall not inquire about the immigration
status of students or their families.
2. District employees shall not provide student information
to immigration authorities without a valid judicial warrant
or subpoena reviewed by district legal counsel.
3. Immigration enforcement agents shall not be granted access
to private, non-public areas of school campuses without a
valid judicial warrant.
4. School Resource Officers shall not assist in immigration
enforcement activities.
5. The district shall provide training to all staff on
immigrant student rights and emergency response protocols.
6. The district shall maintain resources to connect affected
families with legal assistance.
Adopted this ___ day of _______, 20__.
Emergency Contact Information
| Resource | Purpose |
|---|---|
| District Superintendent | _________________ |
| District Legal Counsel | _________________ |
| Rapid Response Hotline | _________________ |
| Local Immigration Legal Aid | _________________ |
| State Education Department | _________________ |