ICE PROTOCOL
Protocol for Cases of Immigration and Customs Enforcement (ICE)
Investigation within Kearney Public Schools
Please enforce the following protocol if an ICE agent contacts you on campus.
General Information - ICE Agents’ Investigations
School districts cannot prevent ICE agents from entering school property
- ICE has the authority to interrogate any suspected alien
- ICE has the authority to arrest any alien believed to be in violation of law
- ICE is authorized to interrogate any alien in the United States if the ICE agent has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for their arrest.
- ICE agents cannot compel a school to provide or produce any document or individual (including a student or staff member) without a subpoena or warrant from a court. ICE agents can utilize administrative subpoenas, but they do not have the legal effect of a court-issued order and only apply to the individual suspected of violating federal law.
- ICE agents can also utilize immigration “detainers” in limited circumstances to hold individuals suspected of serious crimes. These detainers are limited to a period of not more than 48 hours and only apply to the individual suspected.
- ICE agents can utilize federal judicial orders or warrants, and schools are required to comply with these judicial orders. The Superintendent should be contacted immediately if any judicial warrant or order is provided so it can be reviewed with legal counsel to determine if it’s a federal judicial order or an administrative order which is different.
Building Action Steps when an ICE agent is on school property
(1) Immediately inform the principal (who will then inform the superintendent) and
(2) Request that the ICE agent speak directly with the superintendent
(3) Ensure that all documents presented to a school employee are immediately forwarded to the superintendent for legal review
Building Action Steps when ICE Requests Student Records
The school may provide only directory information when requested by ICE. (Student’s name, address, date of enrollment).
- Immediately inform the principal (who will then inform the superintendent)
- Ensure that all documents presented to a school employee are immediately forwarded to the superintendent for legal review
- No other records should be provided unless the parent has consented to the release or federal law contains an exception
- Exception - if a subpoena or court order is presented, the district cannot refuse to provide information
- No staff member is permitted to disclose any student records to any ICE agent without the prior approval of the superintendent.
Building Action Steps when ICE Requests to Speak with an Employee
- Call the Superintendent first if you receive such a request
- ICE can only interrogate a person believed to be an alien. (Ask why they want to interview first)
- If ICE asks an employee, ‘Is student { } or employee { } in the country illegally?’, an employee cannot respond to the question under FERPA and confidentiality laws.
- An employee may not disclose any confidential student information during an interview (consult with the superintendent during the interview, if needed)
- Also, Nebraska law prohibits the disclosure of any employee’s personnel file.
Building Action Steps when ICE Requests to interview a student
- Call the Superintendent first if you receive such a request.
- A legal review will be conducted, and we will contact the student’s parent, guardian, or responsible caretaker unless child abuse is suspected.
- ICE agents have the right to interview a student suspected to be illegally in the US but must present appropriate documentation (warrants, orders, subpoenas).
- ICE agents must sign the district’s Affidavit to Interview Form. (Same practice as local law officials)
- If an ICE agent requests to interview a student at a different location (not school property), the principal should inform the student’s parent/guardian (unless abuse is suspected). Tell the parent the student was released to a law enforcement officer and the location where the student is being taken. (Use district form Affidavit to Remove Student
- The law enforcement officer has the duty to inform the student’s parent/guardian of the location of the investigation and their child’s location.
Media Inquiries
All media inquiries should be referred to the Superintendent and KPS Communications Director.
We understand that the possibility of ICE investigations can create stress and uncertainty for families and staff members. Please know that Kearney Public Schools prioritizes our students and staff's well-being and privacy while adhering to our legal obligations. Not just now, but at all times, emergency phone contacts are important. All buildings should prioritize working with our families to develop a clear communication plan, including emergency contacts for every child. These communication protocols and contacts are vital to every situation.
We will remain committed to our important duty of educating all students and supporting our families in Kearney Public Schools. Thank you for your continued partnership in providing a supportive and secure environment for every student. Should you have further questions, please review the attached document from the Perry Law Firm, which outlines responsibilities and responses in a number of situations captured in this guidance document. Additional information can be found on our website at https://www.kearneypublicschools.org/apps/pages/index.jsp?uREC_ID=1680577&type=d&pREC_ID=2210625
Additional Information
- Board Policy 5411
- Affidavits Student Interviews.pdf
- AASA Guidance with Ice Raids
- Multicultural Coalition: https://www.mcofgi.org/know-your-rights