Governor Healy’s Office guidance encourages nonprofits to adopt written policies and procedures and hold trainings for staff to guide their interactions with Immigration and Customs Enforcement (ICE) and/or Custom and Border Protection (CBP) agents.
KEY TAKEAWAYS
· Staff should remain calm if they encounter ICE agents or CBP.
· Staff should never physically interfere with a federal agent.
· Staff should not feel obligated to engage with the agents first and are allowed to decline interaction if they do not feel safe.
· Staff should prioritize safety for themselves and others.
· Staff should not discuss any individual staff members, children, students or families with ICE or CBP agents under any circumstances.
· Nonprofits should designate specific areas in their facilities as public or non-public with appropriate signage. They should adopt policies and procedures concerning these designations as well.
· Nonprofits should designate the highest-ranking manager to serve as the contact person “Administrator” for the organization in the event of ICE/CBP contact.
· Staff are encouraged to document their interactions with the agents as well as any impact the agents have on themselves or others, including the children or students in their care. Documentation may include recording the interactions if it is safe to do so.
If ICE or CBP arrive at your facility, staff should be instructed to:
· Notify the Administrator immediately.
· Instruct the agents to wait outside of the facility or in a public area while they are contacting the Administrator.
· Administrator should immediately contact their attorney for guidance.
· With your attorney on the phone, the Administrator should approach the agents and request their identification as well as any warrants and/or other documentation. The Administrator should then describe the documents out loud to the attorney. If possible, they are encouraged to facetime with the attorney or to take photos of the documents and send them to the attorney immediately for the attorney’s assessment.
· Agents must have a JUDICIAL WARRANT or JUDICAL COURT ORDER.
· Administrative Warrants are not legally sufficient.
· Only if the agents have a Judicial Warrant or Order must they be permitted into the facility.
· Administrators may request that the agents stay out of areas with children or students.
Our attorneys are available to assist you and your organization in developing ICE/CBP interaction strategies as well as crafting any appropriate policies & procedures.
Links to the full text of the guidance and other resources are provided below:
KNOW YOUR RIGHTS GUIDE FOR IMMIGRANTS, FAMILIES & COMMUNITIES download
Immigration Guidance_Education
Immigration Guidance_Places of Worship
Immigration Guidance_Healthcare
In addition to the guidance, Governor Healey and Attorney General Andrea Campbell have launched an online portal which allows Massachusetts residents to report alleged misconduct by Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP) and other federal agencies enforcing civil immigration laws. Report misconduct by federal agents | Mass.gov