How to Respond When ICE Comes Knocking

Changes to federal immigration enforcement policies highlight the necessity for towns to prepare to respond to federal immigration efforts while preserving residents’ legal rights and access to resources. The Massachusetts Attorney General has issued guidance concerning continued access to schools and other services for all residents, including immigrants.  

One notable recommendation from the Attorney General that bears emphasizing is to designate municipal liaisons who are trained to respond to requests from immigration agents. Furthermore, policies and trainings should also identify the areas within municipal buildings that are not open to the public because these areas cannot be accessed by federal officials without a warrant, and only certain types of warrants suffice. Administrative warrants issued by Immigration Customs Enforcement or by immigration judges do not satisfy the requirements of the Fourth Amendment; agents must present a warrant issued by a federal judge or magistrate to access municipal property that is not open to the public. You may consider posting areas as off-limits to the public to ensure clarity as to what is and what is not open to the public. 

The guidance from the Attorney General also explains that federal immigration agents have no right without a proper warrant to inspect or obtain copies of documents that are not producible as public records. Cities and towns should review any policies relating to information collection and sharing to determine whether information about residents’ immigration status is being collected or shared, and if so, whether it is necessary to do so. For example, schools do not need information about immigration status to verify a student’s age and residency for enrollment purposes. Relatedly, schools must continue to comply with FERPA and the Massachusetts Student Records Regulations when information is sought by federal immigration officials. 

Local government obligations are likely to be evolving as legal challenges to presidential executive orders are resolved. We will keep you informed as legal guidance is issued.