Yesterday, WFIS attended a Federal and Immigration Policy webinar with Zachary Lyons, an immigration lawyer with Barton Gilman Law, hosted by Montessori Public Policy Initiative (MPPI). With recent changes, Immigration and Customs Enforcement (ICE) is no longer restricted from operating in schools. To ensure compliance while protecting students, staff, and school operations, Lyons suggested the following:
Student Records & FERPA Compliance
- ICE must have a court order, judicial warrant, or subpoena to access student records.
- Schools are not required to disclose directory information unless presented with a subpoena.
- Schools should maintain a clear FERPA policy, collect minimal directory information, and provide families with an opt-out option for school directories.
- Parental notification is required before disclosing student records.
- Schools may challenge subpoenas or warrants in court and should always consult legal counsel before compliance.
Handling ICE Visits to Campus
Schools can lawfully deny access if ICE presents an administrative warrant (which is not court-authorized). If ICE arrives, your school official designated to deal with ICE should:
- Verify documentation before allowing access to anything. Judicial warrants are issued by the U.S. federal court and signed by a judge, not ICE officials.
- State: “I intend to comply but need to review this with my attorney before proceeding.”
- If ICE has the proper documents, limit ICE agents’ movement within the school by having them wait in a closed office space.
- Request that the sought individual be brought to the office rather than allowing agents to move freely through the school.
- Employees subject to ICE actions have the right to remain silent and seek legal counsel.
Documentation & Legal Protections
Maintain detailed records of any ICE interactions, including:
- Copies of ICE documents and badges
- Security footage
- A log of ICE visits for legal reference
No one (not a parent, administrator, or staff member) can accompany a detained student, regardless of age (even babies).
Employment & I-9 Compliance
Schools must verify work authorization (I-9 form) for all employees and retain records for three years after hire OR one year after termination, whichever is later.
- ICE may conduct I-9 audits with at least three days’ notice.
- Non-compliance can result in civil or criminal penalties.
International Travel Considerations
Schools organizing international travel must verify students’ eligibility to leave and re-enter the U.S. Ensure that:
- Passports are valid
- Permanent resident cards are up-to-date
- Visa status is current
- Necessary travel documentation (e.g., refugee travel permit, advance parole) is secured
Final Takeaways
Lyons reminded school leaders to train staff and have legal counsel on standby. Consult legal counsel before taking any action. Do not obstruct lawful enforcement, and know that communication – with anyone – about ICE operations could be considered interference.
The most important thing to remember is to SLOW IT DOWN. There is no rush to give ICE what they ask for without verification.
MPPI has graciously encouraged the sharing of the recording link widely.
Passcode: kRca$ce3
