Frequently Asked Questions about Immigration Enforcement

Below are some frequently asked questions about immigration enforcement actions, including mass raids and workplace enforcement.

What are students’ rights to attend a public school?

All students have a right to enroll in public school, regardless of their immigration status.

• Under the U.S. Constitution, public schools must teach all students free of charge, regardless of whether they are undocumented.
• States cannot withhold state funding for K-12 education because undocumented students are enrolled, and school districts cannot deny enrollment based on immigration status.
• Sometimes called a “Plyler right,” the understanding that undocumented students may not be denied access to public education was affirmed by the U.S. Supreme Court in its decision in Plyler v. Doe (1982).

Students have the right to attend school without having to present a green card, visa, social security number, or any other proof of citizenship.

• Schools should not inquire about students’ or their parents’ immigration status.
• Schools cannot deny enrollment to students because they provide a birth certificate from another country.
• Inquiring about immigration status or citizenship could violate Plyler rights by chilling undocumented students from attending schools.

What is Plyer v Doe?

Plyer v Doe is a U.S. Supreme Court decision from 1982. The Court  ruled that states cannot deny students a free public education on account of their immigration status.

What documentation is needed to  enroll a child in a public school?

Schools can require proof of residency in the appropriate school or district boundary.

• A state or district may establish bona fide residency requirements and thus might require that all prospective students show some proof of residency.
• Districts must permit parents to establish residency by providing a variety of documents as proof of residency and cannot require documents that would bar or chill undocumented students from attending.
• Such documents include: a telephone or utility bill, mortgage or lease document, parent affidavit, rent payment receipts, a copy of a money order made for payment of rent, or a letter from one of the parent’s employers. Schools cannot apply different residency requirements to immigrant students than they do to others.
• Homeless students, as defined by the Federal McKinney-Vento Homeless Assistance Act, 42 U.S.C. §§ 11301 et seq., must not be required to furnish proof of residency within the district under any circumstance. Homeless children and youth have a federal legal right to enroll in school, even if their families cannot produce the documents establishing residency.

Schools can require proof of age for enrollment.

• Schools can use birth certificates to establish a student’s age but cannot do so in a way that unlawfully bars or prevents an undocumented student, a student whose parents are undocumented, or a homeless student from enrolling in and attending school.
• Schools should inform parents that alternatives to birth certificates are allowed, and allow alternative documentation of age such as a religious, hospital, or physician’s certificate showing date of birth; an entry in a family bible; an adoption record; an affidavit from a parent; a foreign birth certificate; previously verified school records; or any other documents permitted by law. Foreign-born students must not be barred from attending school.

Where have large-scale immigration enforcement actions taken place?

We have seen large-scale ICE enforcement actions throughout the country, including in Los Angeles, Portland, Chicago, and Minneapolis. We have also seen “surges” of ICE activity in states like North Carolina, Maine, and Ohio.

It is likely that more large-scale immigration enforcement actions will occur in other cities and states. These could include  states and localities where law enforcement has agreed to cooperate with ICE. A list of locations with 287(g) agreements (for local law enforcement cooperation with ICE) is available here: https://www.ice.gov/identify-and-arrest/287g

Who is most likely to be targeted for immigration enforcement?

While the Trump administration continues to publicly insist that they are only targeting the “worst of the worst” for immigration enforcement, the actions of the Department of Homeland Security tell a different story. Large numbers of immigrants without criminal records have been arrested and detained by ICE, including those who are in the U.S. lawfully such as refugees, asylum seekers, and even those with legal permanent residency.   The Trump administration has also been engaging in warrantless immigration arrests and ICE agents have been pushed to meet daily arrest quotas, sweeping up individuals on the basis of their accent, apparent ethnicity, or work.  Therefore, it is important for everyone to be vigilant.

Is someone’s family or home at risk during an ICE workplace operation or raid?

During a workplace raid or operation, ICE also may visit workers’ homes, particularly of workers whose records are found at the company.

If ICE agents visit a worker’s home, families are under no obligation to answer questions or even open the door unless the agents have a warrant signed by a federal or state court judge.

ICE is known to routinely question people who are present during operations—even if they have no relation to the investigation. If ICE can identify family members or other household members whom they deem a priority for deportation, those individuals also could be detained and taken into immigration custody, sometimes referred to as “collateral arrests.”

What might occur during a mass immigration raid?

Immigration raids can happen at any given time, but they rely heavily on an element of surprise.

Historically, raids most frequently have taken place at the individual’s workplace or in or near their home.

Raids often take place during predawn or early morning hours.

ICE officers often appear in large numbers, may be visibly armed and may not be easily identifiable as ICE agents.

Other common features of these raids: an absence of a warrant from a state or federal court, and an agent giving false or misleading information to gain access to the home and to describe the nature and length of the arrest.

Could immigration enforcement take place at or near schools?

Yes. The Trump administration ended “sensitive locations” protections that protected schools, hospitals, and other community-serving institutions from routine immigration enforcement activity. As a result, educators across the country have reported that ICE agents have been seen in school parking lots, school bus stops, and have been engaging in immigration enforcement actions near schools during arrival and dismissal times. There also have been several instances of ICE agents entering school grounds to conduct enforcement actions. As a result, NEA strongly encourages schools and school districts to adopt a safe zones policy that outlines what educators, and staff should do if ICE attempts to engage in immigration enforcement at schools. Hundreds of school districts around the country already have adopted a safe zones policy.

How can schools help families prepare for ICE activity?

Partner with pro bono attorneys or immigrants’ rights groups to host “know your rights” workshops for families and students.

• Distribute Red Cards to help people assert their rights and defend themselves if ICE agents come to their home.
  • These cards are available in 16 different languages
• “Know Your Rights” resources can be shared with families, including the information below.
• Share “Know Your Rights” tutorial videos in seven languages.

Provide information about community resources.

• Compile a list of local nonprofit organizations that provide free legal support and other services to immigrants.
• Gather the information for foreign consulates in your area.
• Obtain the contact information for the local ICE detention center.
• Encourage families to download the Notifica app, which can distribute notice to emergency contacts in the event of a raid.

Encourage families to create emergency plans and help them do so.

• A Family Preparedness Plan should include considerations such as
  • Who will take care of children (and/or the elderly) if one or more parents are detained?
    • Families can complete their state’s family preparedness documents so children can remain safely with a trusted adult. Depending on the state, these forms can be referred to as a Delegation of Parental Authority (DOPA), a Caregiver’s Authorization Affidavit, Standby Guardian Form, or other name depending on your state. Many of these forms require notarization.
  • Do you want to designate an official power of attorney?
  • Who will have access to the assets of anyone detained?
• Do I know of any reliable immigration attorneys? If yes, keep their information close by.
• Families should gather children’s documents such as birth certificates, social security cards, medical records, and school records.
• Make sure adults know their alien registration number also referred to as their “A-number.”

What plans can schools have in place to prepare for ICE activity that affect families?

• Check frequently with families to ensure that contact information is up to date, since phone numbers and addresses could change multiple times during a school year.
• Affirmatively request that parents list one or two local friends or family members who could receive (“check out”) the child in the event of an ICE raid or other emergency.
  • After a raid, sometimes only people who are not listed on the child’s school registration list may be available to pick them up.
• Have a list of potential interpreters at the ready. After a community experiences large-scale immigration enforcement, expect to be overwhelmed by the need for Spanish speakers to respond to questions and serve those attempting to get students checked out to responsible adults. A shortage of interpreters may be especially acute in more rural areas.
  • Reach out to universities in the area if there are any Spanish faculty/students who might be willing to interpret.
  • Compile a list of community interpreter volunteers ahead of time.
• Set up a rapid-response network or become part of an existing one.
  • This might include planning for text trees, phone trees, recruiting videographers and photographers, people to make banners, legal observers, etc. Make sure attorneys and communications-focused people are included as well.
  • Create a network of friends, family, and neighbors to be ready to protest or take action if a raid happens.

How can families find a loved one that is detained?

You can search the Online Detainee Locator System using the person’s Alien Registration Number and country of origin or biographical information.

If you cannot find a person using the online locator, call your local ICE office. For a directory of local ICE offices, visit www.ice.gov/contact/ero.

What are an employer’s rights and responsibilities during a workplace immigration raid?

ICE Arrival

• Employers should call their lawyer immediately when a raid begins.
• Examine any search warrant and send a copy to your lawyer. Ensure the warrant is:
  • Signed by a federal or state court,
  • Served within the permitted time frame,
  • The search is within the scope of the warrant (the area to be searched and the items to be seized).
• The employer can accept the warrant but not consent to the search. If you do not consent to the search, the search will proceed but you can later challenge it if there are grounds to do so.
• Write down the name of the supervising ICE agent and the name of the U.S. Attorney assigned to the case.

Executing the Raid

• Do not block or interfere with ICE activities or the agents. However, you do not have to give the agents access to non-public areas if they did not present a valid search warrant.
• If agents presented a valid search warrant and want access to locked facilities, unlock them.
• Object to a search outside the scope of the warrant. Do not engage in a debate or argument with the agent about the scope of the warrant. Simply present your objection to the agent and make note of it.
• Have at least one company representative follow each agent around the facility. The employee may take notes or videotape the officer. Note any items seized and ask if copies can be made before they are taken. If ICE does not agree, you can obtain copies later.
• Request reasonable accommodations as necessary. If agents insist on seizing something that is vital to your operation, explain why it is vital and ask for permission to photocopy it before the original is seized. Reasonable requests are usually granted.
• Protect privileged materials.
  • If agents wish to examine documents designated as attorney-client privileged material (such as letters or memoranda to or from counsel), tell them they are privileged and request that attorney-client documents not be inspected by the agents until you are able to speak to your attorney.
  • If agents insist on seizing such documents, you cannot prevent them from doing so. If such documents are seized, try to record in your notes exactly which documents were taken by the agents.
• Ask for a copy of the list of items seized during the search. The agents are required to provide this inventory to you.

Employee Interactions with ICE

• You may inform employees that they may choose whether or not to talk with ICE, but do not direct them to refuse to speak to agents when questioned.
• Ask if your employees are free to leave. If they are not free to leave, they have a right to an attorney. Though you should not instruct your employees to refuse to speak to ICE, they also have the right to remain silent and do not need to answer any questions.
• Do not hide employees or assist them in leaving the premises.
• Do not provide false or misleading information, falsely deny the presence of named employees, or shred documents.
• Don’t forget the health and welfare of your employees. Enforcement actions can sometimes last for hours. If an employee requires medication or medical attention or if employees have children who need to be picked up from school, communicate these concerns to the ICE officers.
• Company representatives should not give any statements to ICE agents or allow themselves to be interrogated before consulting with an attorney.

What are some other immigration and refugee hotlines that may be of use?

National Immigration Detention Hotline: Dial 9233# from a facility phone inside any ICE  detention facility  (open Monday through Friday 8 am to 8pm PST) or for more information on the hotline you can also go to: https://www.freedomforimmigrants.org/hotline

National Korean American Service & Education Consortium (NAKASEC) hotline: 1-844-500-3222 (phone service in English and Korean)

Tahirih’s Afghan Asylum Line 1-888-991-0852 Open Monday to Friday 10 a.m. to 4:00 p.m. EST (Pashto and Dari interpreters available)

LGBTQ Immigrant Hotlines

• Immigration Equality – Go to their website to fill out a contact form: www.immigrationequality.org/get-legal-help/#.WphaiRPwYWo
• If you are in detention, call (917) 654-9696 (M/W 9:30 am – 5:30 pm, Tues 11:00 am – 5:30 pm)

For state and local hotlines for ICE activity, detentions & deportations, please visit https://nnirr.org/education-resources/community-resources-legal-assistance-recursos-comunitarios-asistencia-legal/immigration-hotlines-lineas-directas-de-inmigracion/

For more information about an individual’s rights during ICE activity, see the Know Your Rights: Immigration Enforcement section.