With increased immigration enforcement efforts under the current administration, schools and academic institutions must be prepared to handle visits from federal agencies, including U.S. Immigration and Customs Enforcement (ICE). The recent rescission of “sensitive locations” protections, combined with the expanded authority of federal agents such as the FBI, DEA, and U.S. Marshals, has heightened concerns among students, parents, and educators.
Schools must take proactive steps to protect students, uphold their legal obligations, and establish a clear response protocol for situations involving federal agents.
Understanding Federal Immigration Enforcement in Schools
Historically, ICE and other immigration enforcement agencies have operated under policies restricting enforcement actions at “sensitive locations,” including:
- Schools and universities (K-12 schools, colleges, daycare centers)
- Places of worship (churches, mosques, synagogues, religious ceremonies)
- Healthcare facilities (hospitals, clinics, urgent care centers)
The rollback of these protections raises serious concerns for undocumented students and their families, making it essential for schools to have a defined protocol in place.
How Schools Should Respond If Federal Agents Arrive
1. Establish a Clear Protocol
Every school should have a written response plan that outlines:
– Who is authorized to speak with federal agents
– Whether agents are allowed entry into the school
– How staff should handle document requests and subpoenas
Having a designated response team ensures that interactions with federal agencies are handled professionally and lawfully.
2. Verify the Identity of the Agents
If federal officials arrive at the school:
- Politely ask for identification and badge numbers.
- Request a business card from the agent.
- Ask which agency they represent and the purpose of their visit.
Federal agents cannot enter private areas of the school without a valid judicial warrant.
3. Request a Copy of Any Warrant or Subpoena
Before complying with any request, ask for a copy of any legal documents the agents present:
- Judicial Warrant – Must be signed by a judge and specify the area to be searched or the individual to be apprehended. Schools must comply if a valid judicial warrant is presented.
- Administrative Warrant – Not issued by a judge and does not grant federal agents permission to enter private school areas. Schools are not required to comply.
- Subpoena – A request for information that typically allows time to respond. Schools should consult legal counsel before providing records.
Important: Take photos or copies of any documents provided and send them immediately to the school’s legal counsel.
4. Know Your Rights: When to Deny Entry
- Without a judicial warrant, federal agents cannot enter non-public areas of the school.
- If agents do not have a warrant, politely refuse entry and direct them to speak with legal counsel.
- If an arrest warrant is for a specific student, school staff should escort the student indoors and consult legal counsel before releasing the student.
Handling Requests for Student Information
Under the Family Educational Rights and Privacy Act (FERPA), schools cannot release student records to immigration enforcement agencies without parental consent or a judicial order.
If federal agents request information about a student:
- Do not provide records without a legal review.
- Contact legal counsel immediately before responding.
- Document the request and obtain copies of any paperwork presented.
Training & Preparedness for School Staff
To ensure that all school employees are equipped to handle these situations, administrators should:
- Designate response coordinators to handle interactions with federal agents.
- Train front desk staff on how to interact with law enforcement.
- Educate teachers and staff about FERPA and immigration enforcement laws.
- Develop a communication plan to notify parents and legal counsel in case of an incident.
Supporting Students and Families
Many students and parents fear deportation or harassment due to their immigration status. Schools can provide:
- Know Your Rights workshops for students and families.
- Emergency contact updates for students to ensure that children have trusted individuals authorized to pick them up.
- Legal resources by partnering with immigration law groups or advocacy organizations.
What Schools Should Expect Next
The current administration has made immigration enforcement a priority, and academic institutions must be ready to respond appropriately to federal actions.
How NPZ Law Group Can Assist
Our experienced education and immigration attorneys can help schools:
- Develop policies and protocols for handling federal agents.
- Provide FERPA and immigration law training for staff.
- Offer legal guidance on student privacy and compliance.
Contact NPZ Law Group today to ensure your school is prepared to handle immigration-related inquiries lawfully and effectively.
Contact Us
For specialty guidance on U.S. and Canadian immigration matters, visit www.visaserve.com or call 201-670-0006. The NPZ Law Group stands ready, willing, and able to assist you with your U.S. and Canadian immigration law needs.