On January 22, 2025, President Trump rescinded a policy that prohibited Immigration and Customs Enforcement (ICE) officers from entering locations considered “sensitive”, including schools. What this means is that students and staff must now grapple with the possibility of an ICE raid occurring at Ballard.
So far, no ICE officers have entered or attempted to enter schools since the policy change. This is despite the fact that panic was sparked when it was widely reported that ICE officers had shown up to an elementary school in Chicago. Staff followed Chicago Public School’s protocols and kept who they believed to be ICE agents outside, denying them entry. However, a video of the incident revealed that these agents were actually Secret Service agents. While ICE has not yet entered schools in the two weeks the policy was changed, it is crucial to stay vigilant and understand the rights enjoyed by all living in the United States.
An executive order cannot override constitutional protections. All people in the United States, including those undocumented, have certain rights they are entitled to exercise.
Students & Staff
The most important of these rights to employ in situations involving ICE is unquestionably the 5th Amendment right to remain silent. In the event of ICE officers entering a school, there is absolutely no reason to talk or cooperate with officers. There is rarely risk in staying silent, and talking can only cause harm. Even citizens who are fully confident they should not be arrested should remain silent in order to protect those around them. It is almost always better to be arrested and get to the point where you are able to talk to a lawyer than to talk with ICE officers and risk worsening the situation. To reiterate, there is absolutely no situation in which anyone, including documented students and staff, should talk to an ICE officer, even if an officer is directly asking questions. No matter what, do not tell them any information about yourself, your place of birth, or your family. With ICE officers, stay silent always.
In the case of ICE officers entering Ballard, silence is virtually the only possible defense. However, some undocumented students who have lived in the United States for over two years may consider keeping proof of this on them. This could include medical or dental records, records from Ballard, or anything that proves they have been in the United States for over two years. Students in this situation should still stay silent and do not have to present the proof to ICE officers, but having this proof may be useful later in avoiding expedited removal, meaning deportation without due process, which only applies to people who have lived in the United States for less than two years.
Principals & Administration
It is crucial to remember that ICE absolutely does not have unrestricted access to schools. The 4th Amendment requires a valid judicial warrant signed by a federal judge for immigration enforcement to search or enter a private area.
Before being allowed to enter a school, ICE’s documentation should be carefully verified. The principal should confirm that ICE officers have a warrant signed by a federal judge and specific to a person or action. Additionally, it is important to call the court listed on the warrant to confirm its validity and exact parameters. Access should be denied if there is not a sufficient warrant.
It is extremely important that warrants are verified thoroughly, as ICE deceptively prints their own “warrants” that have absolutely no legal power. In arrests carried out by ICE, officers bring administrative warrants that are solely for record keeping within ICE. These are not real warrants, and they are not judicially issued. However, their appearance as a warrant often misleads people into believing that these worthless pieces of paper entitle ICE to enter a private area. This is not true. ICE very rarely has a sufficient warrant to make these private arrests. Principals should be especially cautious of being deceived by these administrative warrants. Ensure that the warrant is signed by a federal judge and call the court to confirm. If a valid warrant is not presented, a school may deny ICE entry.
However, in the rare case that ICE does present a valid warrant, entry cannot be outright refused, and they may make an arrest. At that point, interference could have severe legal consequences. Many teachers on social media have vowed to lock doors and physically obstruct ICE officers from entering classrooms, however this is illegal if a valid warrant is presented. Anyone, including teachers, may request to see the warrant, but they cannot stop the ICE officers.
But, even if ICE does not present a valid warrant, a principal may still choose to cooperate with ICE and let officers in. At this point, ICE would be allowed to make warrant-less arrests as long as they have “probable cause to believe that an alien is removable”. However, the criteria to validate probable cause is often problematically loose. What this means is that students who do not fit ICE’s stereotype of “American-looking” are at risk of being racially profiled and pursued by ICE, even if they are legally in the United States. Therefore, it is critical for principals to understand in which situations ICE must be let into a school, and in which situations they may be denied. Allowing ICE free-range of Ballard has the potential to severely disrupt the well-being of many students, not just those undocumented.
Resources
The Immigrant Legal Resource Center has created a potentially helpful resource to allow people facing ICE officers a better understanding of their rights. Their small red “Know Your Rights” cards assert basic rights and may be presented to immigration enforcement. These cards may be helpful in stressful situations, such as ICE confrontations, when exercising rights is particularly daunting. They are offered in 18 different languages and can be downloaded and printed here or ordered here. If you are unable to print or order a card and would like a Spanish/English version of the card, please email me at [email protected] to arrange to pick one up.
