Know Your Rights FAQ

ICE agents are prohibited from entering school grounds without a valid judicial warrant signed by a judge or exigent circumstances, such as an immediate threat to safety. The New York State Education Department (NYSED) has affirmed that schools are safe havens for students, ensuring their right to education regardless of immigration status. School administrators have the obligation to deny access to ICE agents unless a school district’s legal counsel confirms the validity of their documentation. Under no circumstances should a student be removed or interrogated on school grounds without parental consent, except in extremely limited situations.

Source: 2017 Memo from NYS Office of Attorney General and NYSED.

If ICE agents arrive at your school, school personnel must immediately meet them at the school’s entrance and collect their name, badge number, supervisor’s contact information, and reason for the visit. Any documentation, such as a warrant, should be carefully reviewed by the Superintendent of Schools (of your school district) and the school district’s legal counsel or Senior Field Counsel (SFC) [in NYCPS] before further action. ICE agents must remain outside the school building while these steps are completed. Parents or guardians must be notified promptly unless prohibited by law.

See:

• January 2025 guidance from NYSED, Office of NYS Attorney General and the NY Governor’s Office

• Guidance for Principals on Non-Local Law Enforcement Actions at NYC Public Schools

No, schools cannot share student records with ICE, unless presented with a valid court order or judicial warrant that has been reviewed and approved by a school district’s legal counsel. The Family Education and Privacy Rights Act of 1974 (FERPA), and New York State law strictly prohibit the disclosure of personally identifiable information (PII) without the consent of the parent, guardian, or eligible student. Requests from ICE agents that do not meet these legal standards should be denied, and school districts are encouraged to consult legal counsel before responding.

New York State law guarantees all children aged 5 to 21 (without a high school diploma) the right to free public education, regardless of immigration status. Schools may not request information related to immigration status during enrollment, including Social Security numbers and country of birth. As emphasized in Plyler v. Doe, undocumented children have the same right to education as U.S. citizens. Additionally, under the Dignity for All Students Act (DASA), schools must ensure a safe and supportive environment free from bullying and harassment, particularly for vulnerable populations such as immigrant students.

Source: January 2025 guidance from NYSED, Office of NYS Attorney General and Office of NY Governor

Historically, enforcement actions on school grounds were rare due to ICE’s "sensitive location" policy, which discouraged arrests, searches, and surveillance in schools. However, as of January 20, 2025, the Trump administration rescinded this policy, removing schools, hospitals, places of worship, and other sensitive locations from the list of protected areas. Despite this change, New York State schools maintain additional protections under state law, and additional local laws in New York City.

District and building administrators should establish clear protocols to limit ICE’s access to students and records, train staff on how to respond to ICE visits, and designate a legal point person for immigration-related issues. Policies should also be reviewed to ensure they do not inadvertently collect or disclose immigration status information. Schools are encouraged to foster inclusivity by educating families about their rights and connecting them with legal resources to build trust and safety within the school community.

The Center for Law and Social Policy developed a step-by-step guide to creating “safe space” policies for early childhood programs (see 2025 updated guide here).

Immigration resources should be shared with everyone in the school community, regardless of their immigration status. Even those not directly impacted may know someone who could benefit. Sharing these resources widely helps raise awareness and creates a supportive environment for all families. Distribute multilingual materials through newsletters, community boards, and workshops to ensure accessibility and understanding.

Undocumented and mixed-status families should create emergency plans to ensure their children’s well-being in the event of a caregiver’s detention or deportation. These plans should include updated emergency contact information, designating trusted individuals to care for children, and gathering key documents such as birth certificates and medical records. Schools should also ensure they have updated primary and secondary contacts in case parents or guardians are detained or deported. Schools can assist by guiding families to community-based organizations specializing in immigration support (see NYS CBO directory here). More information about Emergency Planning is available here, courtesy of the CUNY School of Law.

Schools can host "Know Your Rights" campaigns by partnering with local advocacy groups and providing accurate, multilingual information, in a way that fosters trust and empower immigrant communities. Workshops and training sessions should educate families on their legal rights and strategies for interacting with ICE. The UFT (NYC Teacher’s Union) and the AFT (National Teacher’s Union) have shared resources that educators can share (see FAQ 10 below). Schools should also train staff to ensure consistent messaging and preparedness.

These resources below (not an exhaustive list) provide critical tools to help immigrant families navigate challenges, protect their rights, and access legal and social support​​:

• The New York State Guidance on Safeguarding the Rights of Immigrant Students, issued in January 2025, provides detailed information on the rights of immigrant students and how schools can ensure their safety and access to education. You can access it here.

• NYC Mayor’s Office of Immigrant Affairs Know Your Rights page here. This page includes multilingual guides on what to do during ICE encounters, legal support hotlines, and access to community-based legal services. You can also find information on preventing immigration fraud and preparing as an immigrant caregiver. These resources provide critical tools to help immigrant families navigate challenges and protect their rights​.

• The We Have Rights Campaign is a visual empowerment campaign to prepare for and safely defend our rights during encounters with ICE.

• The United Federation of Teachers (UFT) offers resources tailored for immigrant students and families, including guidance for educators from NYC, NYS, and national sources, available here. Both resources provide vital information to help navigate immigration-related challenges and access legal and social support​.

• The National Immigration Law Center offers "Know Your Rights" factsheets detailing how to assert constitutional protections during ICE interactions, available here.

• The Immigrant Legal Resource Center provides a script and skit to practice in the case of contact with ICE, available here.

• These resources created by the American Federation of Teachers (AFT) are handy for educators wanting to learn more

  • 15 Things Educators, School support Staff, and Communities can do to help protect undocumented students and their families

  • Know Your Rights - Information for Students and Families

  • Creating a family immigration raid emergency plan

  • Rights of Immigrant Students in Schools

  • Immigrant and Refugee Children: A Guide for Educators and School Support Staff - Tools and Resources to Help Protect and Prepare Youth and Families in Case of an ICE Raid

• The National Education Association developed a guide that lays out information regarding enrollment issues, Plyler v. Doe, Safe Zones resolutions, how educators can safely engage in immigration advocacy, a FAQ around mass raids, and a Know Your Rights guide around immigration enforcement. The full guide is available here.

Individuals have the right to remain silent and may refuse to answer any questions from ICE agents, including questions about where they were born or how they entered the U.S. If stopped, they should carry a "Know Your Rights" card that asserts their right to remain silent and request an attorney. ICE agents are not allowed to enter a home without a warrant signed by a judge; individuals should ask to see the warrant and verify that it includes their correct name and address. It is critical for individuals not to sign anything ICE provides without first consulting an attorney​. Moreover, if apprehended by ICE, do NOT lie about your immigration status, as this carries serious punishment, or make an attempt to run away from being apprehended.

Non-citizens have the fundamental right to remain silent, and contact both a lawyer and their consulate from their country of citizenship during an arrest. It is crucial to memorize important contact numbers or ensure family members have these numbers. When communicating with family, individuals should provide comprehensive details about their arrest, including the detention location and the name of the immigration official handling their case. Also request a copy of all immigration documents. See more information here from Legal Aid Society.

Families can access free legal and community resources to address immigration challenges. The New York State New Americans Hotline (1-212-419-3737 or 1-800-566-7636) connects individuals to immigration attorneys and nonprofit organizations. Schools should also collaborate with local nonprofits to offer additional support.

In New York City, there are three New York Immigrant Family Unity Project (NYIFUP) providers that specialize in representing people who are detained while they await their deportation hearing.

1. Legal Aid Society: Detained individuals and/or their family members can contact their Immigration Law Unit Helpline at (844) 955-3425, Monday- Friday, 9 a.m. – 5 p.m. Collect calls from detention facilities and prisons are accepted. https://legalaidnyc.org/get-help/immigration-deportation/

2. Brooklyn Defenders (open to all NYC boroughs): For help regarding someone who has been arrested or detained by ICE, call their Immigration Practice at (718) 564-6290. If you are looking for advice about your immigration status, contact their Community Office at (646) 971-2722. More information here: https://bds.org/get-help#ice-or-deportation

3. Bronx Defenders: A public defender nonprofit for low-income Bronx residents in deportation detention can be contacted 24/7 by calling their legal emergency hotline at (347) 778-1266. One may also visit their office at 360 E 161st Street, Bronx, NY 10451. More information here: www.bronxdefenders.org/programs/new-york-immigrant-family-unity-project AND www.bronxdefenders.org/clients-community/help

Undocumented and mixed-status families should create emergency plans to ensure their children’s well-being in the event of a caregiver’s detention or deportation. These plans should include updated emergency contact information, designating trusted individuals to care for children, and gathering key documents such as birth certificates and medical records. Schools should also ensure they have updated primary and secondary contacts in case parents or guardians are detained or deported. Schools can assist by guiding families to community-based organizations specializing in immigration support (see NYS CBO directory here). More information about Emergency Planning is available here, courtesy of the CUNY School of Law.