NY AG clarifies ICE guidance for schools and law enforcement

ALBANY, N.Y. (NEXSTAR) — The Attorney General's office released updated guidelines for schools and police interacting with federal Immigration and Customs Enforcement (ICE) agents. The guidance explains that, while illegal, staying in the U.S. without documentation represents a civil violation, not a criminal one.

ICE agents need a judge’s warrant before schools or police can participate in arrests or for immigration violations in New York. And local authorities can't hold people just because ICE requested it. They'll need a warrant signed by a judge, not just ICE paperwork, to even detain someone. Attorney General Letitia James directed schools and police to track ICE requests for aid, report those requests publicly, protect the privacy of New Yorkers, and craft policies that follow these guidelines.

Law enforcement

The guidance for police departments outlines when and how they can help federal agents enforce immigration laws. Of course, local agencies still have to cooperate with criminal investigations.

But ICE needs court orders before New York police can help detain or deport. And while local departments or agencies can tell ICE when they plan to release someone from custody, they can't hold that person or delay the bail process just for immigration reasons.

The rules also prevent officers from helping ICE round up immigrants at court without a judge's order. New York’s Protect Our Courts Act prohibits civil arrests in courthouses without a warrant.

Officers or departments who detain people only on ICE requests without court orders risk being sued, James warned. After all, courts have already sided against agencies that held individuals over immigration beyond their release dates without a judge’s warrant. The Attorney General also discouraged police from signing formal agreements to act as federal immigration agents, suggesting that so doing would damage relationships with the community.

School districts

School officials received similar instructions about dealing with ICE. By law, New York guarantees free public education to everyone aged 5 to 21 without a high school diploma, regardless of immigration status. They can't deny enrollment based on national origin, immigration status, race, or language, and districts have to accept proof of residency and identification besides Social Security cards during enrollment.

Schools need court orders and parental permission to let immigration agents question students or take them into custody, and school safety officers can't ask about or share student records with ICE. And schools should keep emergency contact lists up-to-date in case students’ family members are detained or deported.

"Schools should remain a safe haven where all students are welcomed and provided a free public education," reads the guidance from James's office.

James's office also explained that migrant and homeless students must be enrolled immediately, even if they're not citizens. Federal law requires enrollment and transportation for homeless students, and living in temporary housing—like a migrant shelter—qualifies.

The guidance advises schools to contact the Attorney General's office if federal agents arrive without the proper papers from the court. Unless directed by a judge, schools should consult an attorney, notify parents, and deny access to students, if they can.