JACKSO PUBLIC SCHOOLS Tran$forming lives through excellent education Confidential Communication Subject to Attorney-Client Privilege To: Dr. Errick L. Green~, 1 ~erintendent From: JoAnne N. S b ephk~ n e ra l Counsel Re: Immigration and ~ u stoms Enforcement (ICE) Guidance for District Staff Date: August 8, 2019 Can U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) arrest immigrant staff while at school? ICE and CBP maintain a policy which provides that they will not engage in immigration enforcement in sensitive locations like schools absent prior approval by a supervisor or exigent circumstances. This policy has recently been reaffirmed by the Department of Homeland Security. This means that ICE and CBP generally will not arrest, interview, search, or surveil a person for immigration enforcement purposes while at a school, a known school bus stop, or an educational activity. What should school officials do if they or others witness ICE or CBP enforcement actions within my school? Principals can reassure their students and staff that enforcement actions within District schools are very unlikely. Although there have been reports about arrests near schools, my office is not aware of any recent immigration arrests within schools. It is my understanding that both ICE and CBP continue to adhere to the above-referenced policy of avoiding enforcement actions within schools. If such an incident occurs, school staff should do the following: 1. Direct ICE and CBP agents to the General Counsel. 2. The General Counsel will request to see written legal authorization, verify the identity of the agent(s), and confer with the Superintendent and Executive Director of Campus Enforcement. 3. If agents do not supply a judicial warrant, signed by a judge, the General Counsel will review the matter before permitting agents further into a school. Only a judicial warrant, not an administrative warrant, will allow ICE agents to enter locations in which there is a reasonable expectation of privacy. 4. The General Counsel, Superintendent, or Executive Director of Campus Enforcement will advise agents or refer agents to the ICE CBP sensitive locations memorandum dated October 24, 2011, and request that officers not conduct the enforcement action at schools or at school-related activities. 1 See Exhibit A. The ICE memorandum requires supervisory authority that instructs agents to enter the school property and describes the purposes for doing so. These purposes may include a national security or terrorism matter that requires enforcement action, imminent risk of death, violence, or physical harm to person or property, enforcement action involves the immediate arrest or pursuit of a dangerous felon, terrorist suspect, or other persons that present an immediate danger to public safety, or an imminent risk of destruction of material evidence in an ongoing criminal case. Prior approval must come from one of the following officials: Assistant Director of Operations, Homeland Security Investigations (HSI); the Executive Associate Director ofHSI; or the Assistant Director of Field Operations, Enforcement and Removal Operations (ERO). According to the sensitive locations policy, immigration officials will only give special consideration to a request to conduct enforcement actions at or near school property if the only known address for a target is at or near a school. ICE must still obtain supervisory approval to conduct such enforcement actions from one of the following officials: Assistant Director of Operations, Homeland Security Investigations (HSI); the Executive Associate Director of HSI; or the Assistant Director of Field Operations, Enforcement and Removal Operations (ERO). Even if a determination is made that a valid warrant is presented, the General Counsel, Superintendent, or Executive Director of Campus Enforcement may request that the arrest does not take place on school property or negotiate the place of arrest so that other children are protected from viewing such an arrest. In any such case, the District may contact any local organizations providing legal assistance to immigrant communities immediately. These include, but are not limited to, Americans Civil Liberties Union (ACLU), Mississippi Center for Justice, and Attorney Patricia Ice who does immigration law. Impacted persons can also lodge a complaint with ICE or CBP through their websites. Attached to this memorandum is an additional resource that the American Federation of Teachers published as a guide for educators and support staff which contains 15 steps educators and communities can consider to help protect undocumented students and families. See Exhibit B. 2 In conclusion, it appears that while staff members do not have as much protections from removal from school sites as students, enforcement actions at schools remain very unlikely because schools as a whole are sensitive locations which require prior approval by a supervisor or exigent circumstances. This means that ICE and CBP generally will not arrest, interview, search, or surveil a person for immigration enforcement purposes while at a school, a known school bus stop, or an 1 The memorandum covers sensitive locations such as schools (including pre-schools, primary schools, secondary schools, post-secondary schools up to and including colleges and universities, and other institutions oflearning such as vocational and trade schools), hospitals, churches, synagogues, mosques, and other institutions of worship, such as buildings rented for worship, sites of funerals, weddings, or other public religious ceremonies, and sites during the occurrence of a public demonstration such as marches, rallies, or parades. 2 This memorandum is not intended to provide legal advice to impacted staff, but is intended to provide guidance on steps to take in the event of an ICE encounter at school. 21Page educational activity. However if ICE does attempt to remove staff, schools may refer to the steps above. 3IPage Policv Nutnhur: 1001'1.2 fEA Number: 306· t 12-00lb l :.s. Ur(l:irtmcnl of ltomc:bnd Sn~urll~ SCKI 1.!111 ~lfl-"1.'1, s w Wa~hinl'· "m. U.C:. 10536 U.S. Immigration and Customs OCT 2 ~ 2011 Enforcement MEMORANDUM FOR: Field 0111cc Directors Special Agents in Churg~ Chief Counsel FROl\11: John Morton Director SUBJECT: Enlorccmclll Actionl\ at i:lr Focused on Sensitive Locations purpose This memorandum sets forth Immigration and Customs Enforcement (ICE) policy regarding certain enforcement actions by lCE officers and agents nt or focused on sensitive locations. This policy is designed to ensure that these enforcement ac1ions do not occur at nor are focused on sensitive locations such as schools and churches unless (a) exigent circumstances exist, (b) other law enforcement actions haYc Jed officers to a sensitive l<.leation as described in the "£ycep1ivns to the Gencrc1l Rulil' section of this policy memorandum. or (c) prior approval is obtained. This policy supcrs(.-dcs all prior agency policy on this ubject. 1 Definitions The cnfor~emcnt net ions covered by this policy_ nrc ( 1) arrests~ (2) Interviews; (3) searches; and (4) for purposes of imrnigration cnlorcement only, surveillance. A~tions not covered by this policy include actions such as obtaining records. documents and similar materials from officials or employees, providing notice to oftidats or employees, serving subpocnus. engaging in Student and Exchange Visitor Program (SEVP) compliance and ccnification visits~ or participating in oft1cial functions or community meetings. ll1e sensitive locutions covered by this policy include. but nre not limited to. the following: 1 Memorandum from Julie L Myers. Assistarll Secretary, U.S. hnmigr-ation and Cu$tmns Enforcement. '-Field Guidance on Enforcem~:nl Actions or lnve!>1igntivc Activities At or Near Sensiti\·c Cmnmunity Locations·· 100:!9.1 (July 3, 2008)~ Memorandum front Marcy M. fonnan, Director. Office of Investigation!>, "Enforcement Actions at Schools.. (Oeccmb.:r 26, 2007): Memorandum from JnmL>S A. Puleo, lmmigrncion :tr1d N:tturnlizasion Service (INS) Actin8. Associlue C~)nlntissioner. WE.nforccment Activities at Schools. Places of Worship, oral funerals or other religious ceremonies" HQ 807-P (May l7, 1993). This policy docs nut sup~rscdc lh~ requirements regarding arrests at s~nshivc locations put forth in lhc Violericc Against Wornen ,\cl, s~.o-c Memorandum from John P. Torres, Director Office o( Dl!tcntion and Remo\•al Opcrationli and Marcy M. F(lrmrm. Director, OOice of ln\'Csligations, ··Interim Guidanc~ Relating to Otliccr Procedure ftlllowing Enactment oiVA WA 2005 (Januaf)· 22. 2007). EXHIBIT www .icc.gov Enforcement Actions at or Focused on Sensitive Locations Page2 • schools (including pre-schools, primary schools, secondary schools, post-secondary schools up to and including colleges and universities, and other institutions of learning such as vocational or trade schools); • hospitals; • churches, synagogues, mosques or other institutions of worship, such as buildings rented for the purpose of religious services; • the site of a funeral, wedding, or other public religious ceremony; and • a site during the occurrence of a public demonstration, such as a march, rally or parade. This is not an exclusive list, and ICE officers and agents shall consult with their supervisors if the location of a planned enforcement operation could reasonably be viewed as being at or near a sensitive location. Supervisors should take extra care when assessing whether a planned enforcement