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• You may ask to see their badge / identification. If you are unsure if the officer is an immigration agent, you may ask what agency they represent and specifically if they are federal immigration agents.
• You may ask whether you are free to leave.
• You have the right to remain silent and you are not required to answer questions. You may tell the immigration agent that you choose to remain silent.
• If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you. If you do not have documentation at the moment of the encounter, you may tell the agent that you want to remain silent or that you want to consult a lawyer before answering any questions.
  • Carry valid U.S. government identification with you at all times.
  • If you have immigration documentation, carry your valid immigration papers, including your employment authorization card, and copies of your I-94s and Notices to Appear with you at all times.
  • Foreign documents should be left at home secured at all times.
  • Do not carry false or fraudulent documents, and never provide false or fraudulent documents to a police officer or immigration agent.
• If an immigration agent asks if they can search you, you have the right to say no. Agents generally do not have the right to search you or your belongings without your consent, a valid warrant, or probable cause. However, if an officer or agent searches you anyway, do not resist. You may tell them: “I do not consent to a search. I wish to remain silent. I wish to speak with an attorney as soon as possible.” 
• You may ask for an interpreter if they do not speak your language.

• You may ask to see their badge / identification. If you are unsure if the officer is an immigration agent, you may ask what agency they represent and specifically if they are immigration agents.
• You may ask the officers or agents why they are there.
• They must have a valid warrant to enter. If they do not produce a warrant, you generally do not have to open your door.
  • If the officers or agents say they have a warrant, you may ask to see it (through a window or slid under the door, for example) before letting them inside.
  • If the warrant is issued by a court and signed by a judge and say “U.S. District Court” or identify a State Court at the top., the officer or agent may enter your home. If the document is not signed by a judge, you are not required to let them inside. You may say: “You are not allowed to enter.”
  • An administrative warrant alone does not allow agents to enter private areas without your permission. Administrative warrants are not from a court. Administrative warrants say “Department of Homeland Security” and are on Forms I-200 or I-205.
  • Immigration agents are permitted to enter without your permission in an emergency, such as a threat to public safety or a threat to someone’s life. However, you still have a right to remain silent and document the interaction, including recording (so long as you don’t interfere with their law enforcement activities).
• If the officers or agents force their way into your home, do not resist. You may tell them: “You are not allowed to enter. I do not consent to a search. I wish to remain silent. I wish to speak with an attorney as soon as possible.”
• You may ask for an interpreter if they do not speak your language.

• Do not attempt to resist arrest.
• You have the right to request to speak with an attorney. You can find an pro bono legal service provider at https://www.justice.gov/eoir/list-pro-bono-legal-service-providers.
• You do not have to say anything, answer any questions, make any decisions, or sign any documents before speaking with your attorney
• You have the right to request an interpreter.
• No one can force you to make a final decision or sign a document if you do not fully understand it.
• If you are unsure whether and where your loved one is detained, you can use the ICE detainee locator here https://locator.ice.gov/odls/#/search

• You may ask the officers or agents why they are there.
• You may ask to see their badge / identification. If you are unsure if the officer is an immigration agent, you may ask what agency they represent and specifically if they are federal immigration agents.
• If an immigration agent asks if they can search your premises, you have the right to say no. Agents generally do not have the right to search your premises without your consent, a valid warrant, or probable cause. However, if an officer or agent searches your premises anyway, do not resist. You may tell them: “I do not consent to a search. I wish to remain silent. I wish to speak with an attorney as soon as possible.”
• You may ask for an interpreter if they do not speak your language.

• Immigration agents can enter public areas of your business without permission if you allow the public to enter. You may limit access to public areas for specific encounters, such as ICE/CBP enforcement.
• Public areas could include, for example, a dining area in a restaurant, a parking lot, or a lobby or waiting area that the organization/business has deemed open to the public.
• However, agents’ mere lawful presence in a public area does not give them the authority to stop, question, or arrest a particular individual. Probable cause or consent of the individual is still required.

• Organizations can distinguish between public and private spaces by adding signage on or near entrances to private areas. Private areas may be areas designated for employees, residents, students, patients, individuals with appointments, etc.
• Immigration agents can enter a private area only if they have a judicial warrant or if exigent circumstances exist. Otherwise, agents need YOUR permission to enter private areas of your business or premises.
• If agents try to enter a private area, you may say: “This is a private area. You cannot enter without a judicial warrant signed by a judge. Do you have a judicial warrant?”
• If agents tell you that they have a judicial warrant, ask for a copy and read it. A judicial warrant must be signed by a judge and say “U.S. District Court” or identify a State Court at the top.
• An administrative warrant alone does not allow agents to enter private areas without your permission. Administrative warrants are not from a court. Administrative warrants say “Department of Homeland Security” and are on Forms I-200 or I-205.
• Immigration agents are permitted to enter without your permission in an emergency, such as a threat to public safety or a threat to someone’s life. However, you still have a right to remain silent and document the interaction, including recording (so long as you don’t interfere with their law enforcement activities).

Once you arrive at the airport, you must first pass inspection by CBP. That inspection will take place in designated areas. To find it, after getting off the plane, follow signs to the immigration inspection area. There might be separate lines for U.S. citizens, lawful permanent residents (“LPRs”), and other travelers.

Because travelers are usually prohibited from using their phones in these areas, it is best practice to take precautions before your departure. It is recommended that you make sure to give your itinerary to a trusted person who is not travelling with you to the United States. After you land, confirm with your contact that you have arrived before making your way to the immigration inspection area. Tell your contact that you’re about to go through CBP inspection and that they should contact your attorney if you’re not released in 2-3 hours.

^{(1) Although domestic travel is not usually subject to formal inspection by CBP, individuals may nonetheless encounter CBP agents and other federal immigration enforcement personnel while traveling domestically.}

Immigration officers or border agents may ask questions about whether you have lawful status to determine if you can enter the country. This could include questions about your citizenship, immigration status, purpose for reentry, past countries visited, and amount of money you are bringing in. This does not include questions about your race, national origin, religion, sex, or political beliefs.

If you are a U.S. Citizen, you are generally only required to answers questions establishing your identity and citizenship.

Non-U.S. Citizen visa holders and visitors may be denied entry if they refuse to answer officers’ questions. You generally do not have the right to have an attorney present when an officer is asking you questions about your immigration status.

If you are a Lawful Permanent Resident (LPR) who has maintained status, you are only required to answer questions establishing your identity and legal permanent residence. Importantly, if you are a Lawful Permanent Resident, DO NOT sign any documents without consulting with an attorney. (Documents that could be presented to you include Form I-407, which you would use to voluntarily give up your lawful permanent resident status).

Regardless of your immigration status, if an immigration officer or border agent tells you that you are under arrest or it appears that he or she believes you have committed a crime, you have a right to remain silent, and if you intend to exercise that right, you should say so out loud. In these circumstances, you also have a right to speak to a lawyer before answering any further questions. Regardless of your immigration status, refusing to answer other questions (e.g., about the purpose of your visit or travel) could expose you to delay or additional inspection.

At a secondary inspection, you will be asked more questions. If you need an interpreter in your language, you are able to request one.

Electronic Devices: Customs officers have sometimes asked travelers to provide their laptop passwords or unlock their mobile phones when they are entering or leaving the U.S. Your legal status in the country may inform what you decide to do if you’re asked to unlock your device.

• For citizens, CBP takes the position they cannot deny you entry to the U.S. if you refuse to supply your password(s) or unlock your device. Refusal to comply might lead to delay, additional questioning, and/or officers seizing your device for further inspection. CBP has also explained that, for foreign nationals, noncompliance with a CBP request relating to inspection of electronic devices may be considered to deny them entry and/or subject them to law enforcement actions that CBP deems appropriate

If an officer confiscates your electronic device, get a receipt and write down the officer’s name, agency, and badge number.

• Do not attempt to resist arrest.
• You have the right to request to speak with an attorney. You can find a pro bono legal service provider at www.justice.gov/eoir/list-pro-bono-legal-service-providers.
• You do not have to say anything, answer any questions, make any decisions, or sign any documents before speaking with your attorney.
• You have the right to request an interpreter.
• If you are unsure whether and where your loved one is detained, you can try looking up their location using the ICE detainee locator here: locator.ice.gov/odls/#/search

Expedited removal is a process that allows Immigration Customs Enforcement (ICE) to deport people from the United States quickly without allowing them to speak to an attorney or go before an immigration judge.

• A person at a U.S. port of entry if they do not have valid entry documents or they enter the country through fraud or misrepresentation.
• Noncitizens living in the U.S. who entered the country without inspection (i.e., were not admitted or paroled at a port of entry) and who cannot show they have been in the country for at least two years.

• Any encounter with an immigration officer may result in an attempt to apply expedited removal and the officer might ask questions to see if the person meets the criteria.
• Officers may not say the person is in expedited removal procedures. However, there may be indications that officers are applying expedited removal, such as if the officers ask if the individual has been in the country for at least two years.
• If a person receives Form I-860, entitled “Notice and Order for Expedited Removal,” they are already in the process for expedited removal, where opposing removal may be more difficult.

• The expedited removal statute has some protections for people who indicate fear of persecution or torture or an intent to apply for asylum.
• If an individual expresses that they want to apply for asylum or are afraid of returning home, an immigration officer must conduct a Credible Fear Interview.
• If the asylum officer finds the person has demonstrated credible fear, the expedited removal order is revoked. However, if the asylum officer finds that the person has not shown credible fear, the expedited removal order remains in place.

• Any noncitizen who entered the U.S. with a visa or entry documentation
• Anyone who has lived in the U.S. for two years or more before an enforcement encounter
• Unaccompanied children
• Cuban citizens who arrived by air
• U.S. citizens
• Lawful permanent residents
• Asylees and refugees 
• Noncitizens who currently have status, such as individuals with Temporary Protected Status (TPS) or nonimmigrant visas, including U visas and T visas
• Noncitizens with pending applications for asylum or adjustment of status to lawful permanent resident

Consistent with the rule of law, local educational agencies (LEAs) must honor valid judicial search or arrest warrants, court orders, and subpoenas signed by a judge. Because it is difficult for an untrained person to determine whether these are the documents being presented, it is vitally important for school officials to obtain a copy of any judicial search or arrest warrant, court order, or subpoena and present it to your district legal counsel before taking any action in response to immigration officials, including Immigration and Customs Enforcement (ICE) personnel. Protocols should be developed in alignment with the best practices and guidelines designed to protect the safety of all students. Below is an example protocol for when immigration officials approach a school for immigration enforcement activities regarding students.

Physical Access to School Premises.

• If an immigration agent seeks to or enters school grounds in an official capacity, immediately contact the Chief School Administrator.
• Obtain information from the agent regarding their credentials, the purpose of the access request, and any documentation that authorizes school access.
  • Inform the agent that absent exigent circumstances, school personnel must first receive direction from the Chief School Administrator. Chief School Administrators are not required to grant access to school premises absent an official judicial search warrant or arrest warrant signed by a judge or exigent circumstances. An administrative immigration warrant is not sufficient to require admittance. For example, an ICE Warrant for Arrest of Alien (Form I-200) is a warrant often used by immigration officers but is not a judicially-issued warrant.
  • Chief School Administrators should consult district legal counsel to assess the documentation and determine appropriate next steps.
• If the immigration agent declares the existence of an exigent circumstance and demands immediate access, comply with the request and immediately notify the Chief School Administrator.
• Schools are not required to provide information about students' attendance or locations or to make students available on the spot without the opportunity to consult with the Chief School Administrator and/or district legal counsel.

Access to School Records

• School staff should consult with the Chief School Administrator or a person designated by the Chief School Administrator before providing any personally identifiable information in order to ensure compliance with federal and state laws.
  • While schools must produce education records in response to a court order or subpoena, state and federal laws protect the privacy of student educational records. Thus, it is important to evaluate the specific court order or subpoena before responding with student educational records.
  • Districts should consider adopting a policy to ensure a consistent process for responding to subpoenas.
• The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to consent to the disclosure of personally identifiable information from education records, except as provided by law. FERPA requires schools to make a “reasonable effort” to notify parents in advance of disclosing student records so the parent “may seek protective action”. Additionally, State regulation (N.J.A.C. 6A:32-7.6) provides, among additional requirements, parents and students the right to three days' notice of the request.

Student Safety and Well-Being

• LEAs should ensure they have developed plans and policies to address the safety and protection of students. Plans and policies should include roles and responsibilities of school staff to ensure student protection and safety in scenarios involving non-local law enforcement on school grounds. Consider establishing protocols for:
  • Supporting undocumented students and their peers prior to and during immigration-related enforcement activity,
  • Training staff on security protocols and the rights of students, parents, and staff, including undocumented people,
  • Reviewing building access policies, and if necessary, limiting entry points,
  • Ensuring support for special needs and multilingual learners,
  • Implementing a Continuity of Operations Education Plan, if necessary, to support affected students, and
  • Monitoring and responding to the emotional impact on students and staff and offer follow-up interventions.
• LEAs should revisit their School Security Safety Plans are updated to support the above planning and continue to comply with rules governing school safety and security plans (e.g. N.J.A.C. 6A:16-5.1and 16-1.3).
• Create a protocol for supporting students and families affected by deportation or other immigration-related actions, including by providing immediate emotional support. Ensure clear, sensitive communication with students and staff, and collaborate with community organizations for legal and other resources.

Supporting students affected by deportation and related trauma requires a thoughtful approach to address the emotional, social, and academic challenges they may face. Establishing a positive and inclusive school environment is crucial to fostering resilience.

Below is a list of resources focused on preparing for and responding to trauma caused by deportation, as well as general trauma support resources for schools:

• NJDOE Trauma-Informed/Trauma-Sensitive Practices
  Offers guidance and tools for schools to implement trauma-informed/trauma sensitive practices, creating supportive learning environments for all students, and including those impacted by deportation or other traumatic events.
• Teaching Tolerance: Supporting Immigrant and Undocumented Students
  Provides strategies and tools for educators to support undocumented students and those from immigrant families, including addressing trauma, creating a safe, welcoming environment and informing students and families of their rights.
• Trauma-Sensitive Schools Training Package (National Center on Safe Supportive Learning Environments)
  Offers school and district administrators and staff a framework and roadmap for adopting a trauma-sensitive approach school- or district wide. The Training Package includes a variety of resources for educating school staff about trauma and trauma-sensitive practices and for providing school leaders with a step-by-step process for implementing a universal, trauma-informed approach using package materials.
• Supporting Immigrant Families and Students
  Developed by the National Education Association (NEA), this website includes resources for educators on understanding the impacts of immigration enforcement and existing immigration policies.
• Guiding Caregivers: How to Talk to a Child about Deportation or Separation
  Offers guidance on how to talk with children about deportation or separation. This fact sheets guides family members, caregivers, as well as providers, on how to speak to children about these issues including, if it is appropriate to talk to children at all about such things and how to use analogies to explain the idea of deportation and separation.
• The Trauma and Learning Policy Initiative (TLPI)
  Ensures that all students, including those impacted by trauma, succeed at their highest levels in school and in life. We define trauma to include harms stemming from individual adverse experiences as well as from structural inequities like racism.