Protecting Rights + Safety: Guidelines for Nonprofits Navigating ICE Interactions

These guidelines provide best practices for nonprofit and social service agencies when interacting with Immigration and Customs Enforcement (ICE) to ensure the safety, privacy, and rights of staff and service recipients. Recently, ICE activity has increased in local communities, with reports of enforcement actions near nonprofit organizations and social service agencies in San Francisco, Oakland, and Grand Rapids. It is essential that organizations are prepared to respond effectively while upholding legal protections for their clients.

1) Know Your Rights and Responsibilities

• Nonprofits and social service agencies are not required to share information with ICE without a warrant signed by a judge. 

• Fourth Amendment Protection apply - ICE cannot enter private areas without consent or judicial warrant. 

• Organizations should not inquire about immigration status unless required for service eligibility.

2) Establish Internal Protocols

• Designate a Point of Contact (POC) within your organization to handle ICE interactions.

• Train all staff - facilitate the process and establish procedures. 

• Develop a Rapid Response Plan in case of an ICE raid or visit.

• Ensure clear signage stating that your organization is a safe space and

3) Responding to an ICE Visit

• Remain calm and do not consent to a search unless ICE presents a valid judicial warrant.

• Ask ICE officers to identify themselves and present documentation before providing any information.

• Verify any warrant (must be signed by a judge and specify the person/location in question).

• Do Not Consent: If they do not have a valid judicial warrant, you do not have to allow them entry or provide any information. Politely state, “I do not consent to a search.”

• Direct Them to the Point of Contact (POC): Have a designated staff member, such as a legal representative or agency director, handle the situation.

4) Protecting Client Information

• Notify your designated POC immediately and contact legal counsel if necessary.

5) Supporting Affected Individuals

• Provide Know Your Rights materials to clients regarding ICE interactions. 

• Offer referrals to legal aid organizations for those seeking immigration assistance. 

• Ensure access to emergency support services for affected families.

Community and Advocacy Efforts

• Partner with local immigrant rights organizations to provide resources and training. 

1. Immigration Institute of the Bay Area (IIBA): IIBA provides "Know Your Rights" resources, including informative cards that individuals can carry to remind them of their rights during encounters with ICE. They also offer guidance on family preparedness, helping undocumented parents develop plans in case of detention.

2. San Francisco Immigrant Legal Defense Collaborative (SFILDC): SFILDC educates detainees about their legal rights and options. Upon receiving information about an arrest, they assist detainees and their families by providing insights into the removal process and advocating with ICE. Their attorneys work towards securing release from ICE custody and preventing transfers to distant jurisdictions.

3. National Lawyers Guild San Francisco Chapter: Through their Collaborative Court Watch program, this organization trains law students and community volunteers to observe immigration court proceedings. By documenting any due process violations, they aim to hold judges accountable and ensure transparency in immigration courts. 

4. Michigan Immigrant Rights Center (MIRC): MIRC is a legal resource center for Michigan's immigrant communities. They provide training and resources for individuals and organizations. The Michigan Immigrant Rights Center is a program of Michigan Statewide Advocacy Services (MSAS) and Michigan Advocacy Program (MAP).

5. One Michigan: an organization led by immigrant youth to provide resources to immigrant communities through organizing, education, and empowerments.

6. Causa Justa: Just Cause: This organization focuses on grassroots organizing and leadership development among Latino immigrants. Their Immigrant Rights campaign empowers community members to advocate for their rights and engage in local policy initiatives. 

• Stay informed on immigration policy changes and educate your team accordingly.