Immigration Resources

As the New Year begins and policies evolve, so too does our commitment to advocacy and support. Here is what we must remember: despite Donald Trump’s victory and the prominence of his vicious anti-immigrant pledges, a strong majority of the American public prefers a balanced approach to immigration, involving both border security and legalization for undocumented immigrants, instead of mass deportation.

We are expecting significant and harmful changes to immigration in the United States, which makes it crucial for our communities to know their rights. We are committed to protecting our most vulnerable populations who might just be our friends, colleagues, neighbors or loved ones. Below is a compiled list of Know Your Rights resources for those who may be impacted:

Resources:

• NILC: Know Your Rights Under the U.S. Constitution – No Matter Who Is President (various languages) and Plyler and Data Collection guidance
• National Immigration Legal Services Directory
• Immigrant Defense Project: Know Your Rights with ICE
• Immigrant Legal Resource Center: Family Preparedness Plan (this document is specific to California, but we feel it provides valuable information) and printable Red Cards
• MTRNY: Deportation Defense Manual
• ACLU: Know Your Rights (different scenarios)
• Education for All Campaign
• NAKASEC: Has a 24/7 immigration hotline in Korean and English: 1-844-500-3222. https://nakasec.org/resources/know-your-rights/
• NEA: Guidance on Immigration for educators and schools and Immigration Justice.
• Presidents’ Alliance on Higher Education and Immigration’s report on things to look out for and information on Data Protections for FAFSA
• IDRA: Strategies for how schools should respond to to ICE raids

How you can support:

• Support The Action Lab, Make the Road States, United We Dream and CASA’s Solidarity Pledge
• Action Lab social content: https://library.into-action.us/collection/stand-with-immigrants
• Ask your local elected officials to protect immigrant communities by implementing the policy recommendations outlined in the HIH States Policy Guide

What can educators do?

Disclaimer: This information is not intended as a substitute for specific legal or other professional advice. If you have specific questions about your legal or contractual rights, contact your TSTA field staff or the TSTA Help Center.

Preparation

• Review your district’s visitor and data privacy policies. Make sure you and your colleagues know them and are not granting access to those without permission.
• Connect students and families with appropriate resources. Educators can and should share appropriate resources like those from Texas Immigration Law Council with families but avoid providing direct legal advice.
• Help establish a staff and parent response team. Staff can work with parent organizations to gather resources for families who lose a caregiver or source of income due to immigration enforcement, or those who need assistance getting to or from school or work.
• Report any ICE enforcement activities at or near schools. If you let your field staff know about ICE enforcement activity in or near your schools, they will inform our legal department, which will share this information with trusted partner organizations.
• Ensure a welcoming learning environment. Incorporate trauma-informed education practices. There are students living with tremendous fear and anxiety based on their own immigration status or the statuses and experiences of parents or family members.

Response if ICE arrives at/outside your school

• Stay Calm and Professional: Do not physically obstruct ICE agents, but do not grant automatic access to the building or provide information without following protocol.
• Verify Credentials: Ask for the agent’s full name, agency affiliation, badge number and stated reason for the visit. Photograph and/or down this information immediately.
• Request Documentation: Ask to see any warrant or subpoena. Do not accept verbal requests or administrative warrants as sufficient legal authority.
• Distinguish Warrant Types: Judicial warrants (signed by a judge) compel compliance. Administrative warrants (signed by ICE agents) do not carry the same legal weight. View examples of judicial versus administrative warrants here.
• Refer to Designated Official(s): Immediately direct the agent to contact the superintendent or designated official. Do not make independent decisions.
• Contact Legal Counsel: No records or information should be shared before legal counsel reviews the request and any documentation provided. Administration should do this, but you should inform your local leadership as well.
• Notify Parents/Guardians: Inform families promptly if there has been a request for information about them or a student unless a valid court order specifically prohibits notification. Administration should do this unless you are directed to do so.
• Document Everything: Record agent names, badge numbers, time of visit, documents presented and all communications for internal records and potential legal review. Phone recording of ICE agents is allowed if not obstructing their work.

In case of an arrest

• Connect affected individuals to resources. If a student, staff or community member has been arrested by ICE, or if they have been informed that their SEVIS record or student visa has been cancelled, schools can provide information to help connect them to legal assistance: Toolkit for assisting people facing deportation
• Report unlawful ICE activity. If you are concerned about the actions of an ICE agent or want to verify that they were an ICE agent, the offices of some members of Congress will assist you in verifying identity and reporting concerns to the Department of Homeland Security.
• Do not comment publicly on the immigration arrest of any student or their parents. Even if you have their permission, the school may consider it an unauthorized release of student data.