Every child deserves a safe, welcoming, and high-quality public education— no matter their immigration status, race, language, or background.
But today, that right is being threatened. Some schools are being drawn into immigration enforcement, which creates fear and confusion, especially for undocumented students and families with mixed immigration status. These actions hurt students and families, and they also weaken our schools and communities.
Education Justice Alliance created this guide because we believe that when families and communities are informed, they are powerful. This resource is meant to help you understand what’s happening, know your rights, and find ways to take action together.
KNOW YOUR RIGHTS
Important Note: These tables provide general information and is not a substitute for legal advice. Laws and procedures can change. If you are facing a legal situation, you should immediately seek assistance from a qualified attorney. Do not lie or present false documents.
AT HOME
Scenario | Your Rights | If Your Rights are Being Ignored |
ICE agents enter your home without a judicial warrant | You have the right to keep your door closed unless agents have a warrant signed by a judge. Ask them to slide it under the door. Stay calm and do not open the door. You do not have to answer questions about your immigration status. | Say: ‘I do not consent to your entry.’ Record agent info and document what happens. Stay composed and focus on remembering or recording details later. |
Agents force entry after you say you do not consent | State clearly: ‘I do not consent.’ Remain calm and do not resist. Be calm and speak clearly. You are not required to answer questions about your status. | Do not resist physically. State clearly, “I do not consent to your entry or search.” Ask for their names, badge numbers, and agency. Write down everything you remember.This documentation can help legal support challenge any violations. As soon as safely possible, contact an attorney |
Agents take someone away without showing a warrant or identification | Ask: ‘Can I see the warrant?’ Record details of the person taken. Be calm and speak clearly. You are not required to answer questions about your status. | Ask for their identification and the warrant. Do not physically resist. Ask where they are taking the person. Get the person’s name, date of birth, and any identifying information. Immediately contact an attorney and inform family/friends. |
AT WORK
Scenario | Your Rights | If Your Rights are Being Ignored |
ICE raids a workplace without warning or proper warrants | You have the right to ask for a warrant during a raid. Employers should not give out private information without legal cause. | Stay calm, document badge numbers, inform legal contacts. Do not sign anything. If detained, ask to speak to an attorney. Stay composed and focus on remembering or recording details later. |
Employer shares employee information without notice or consent | Your employer generally cannot share your personal information, especially immigration-related, without your consent or a legal requirement. | Understand what information your employer can and cannot share. If you suspect a violation, contact an employment lawyer or immigrant rights organization. |
AT SCHOOL
Scenario | Your Rights | If Your Rights are Being Ignored |
School staff share information with ICE without consent | Schools should not share student or family information like address, immigration status, or family contact info without permission. Families have a right to privacy when it comes to school records. | For parents/guardians: Do not sign any consent forms without understanding them. If information is shared, immediately contact a civil rights or education attorney. File a complaint with the school district. |
A student is referred to immigration authorities due to school-police interaction Or A student is questioned by police or ICE at school without their parent or guardian being notified | Students have the right to remain silent. They can say, “I do not want to answer questions without my parent or guardian.” In most cases, schools should notify families before law enforcement questions a student. | For students: The student should try to remain calm and can say, “I do not wish to answer any questions without my parent/guardian. Do not answer questions about immigration status. For parents/guardians: Assert your child’s right to remain silent. Do not sign anything. Seek legal counsel from an immigration or education attorney. File a complaint with the school district. |
A student or guardian is stopped by police or ICE nearby the school | You have the right to remain silent and not answer questions about your immigration status. You can ask, ‘Am I free to go?’ If you do not have a valid driver’s license, consider using other forms of transportation to help keep yourself safe. | Stay calm. Do not run or resist. Ask to speak to a trusted adult or lawyer. Document what happened as soon as possible and contact a legal support group. |
IN PUBLIC (Including Vehicle Stops)
Scenario | Your Rights | If Your Rights are Being Ignored |
Stopped by ICE or police and questioned about immigration status due to appearance or accent | You have the right to remain silent and not answer questions about your status. Stay calm and ask if you are free to go. | Do your best to remain calm and safe. Record the interaction if safe. Report to a legal or civil rights group. Stay composed and focus on remembering or recording details later. You can say, “I do not wish to answer any questions.” Ask, “Am I free to go?” If yes, leave. If no, ask why you are being detained. Do not show foreign ID if you have US ID. |
Detained despite asserting citizenship or legal status | Even with legal status, you can be detained. You have the right to assert your status and request proof of detention reason. | Clearly state your citizenship/legal status and provide proof if you have it readily available (e.g., driver’s license, green card). Do NOT carry original immigration documents; carry copies. Do not sign anything. Do not answer questions without a lawyer. Insist on speaking with an attorney. |
Vehicle search conducted without probable cause or consent | You have the right to refuse a search of your vehicle without a warrant or probable cause. | Clearly state, “I do not consent to a search of my vehicle.” If they search anyway, do not physically resist. Document everything. If you are detained, ask if you are free to go. |
DURING DETENTION/INTERROGATION
Scenario | Your Rights | If Your Rights are Being Ignored |
Threatened with Arrest/Deportation for Refusing to Answer | You have the right to remain silent. Threats of arrest/deportation for asserting this right are coercive. | Clearly state, “I am exercising my right to remain silent.” Do not answer questions about your immigration status, birthplace, or how you entered the US. Do not sign anything. Insist on speaking with an attorney. |
Phone searched without consent during an encounter | You have the right to refuse a search of your phone without a warrant. | Clearly state, “I do not consent to a search of my phone.” Do not unlock your phone. You can turn it off to prevent unauthorized access. |
Social media or group messages used to track or target individuals | Public posts can be accessed without a warrant. Private content (DMs, “friends-only” posts) generally requires a warrant, but can be accessed if you connect with an undercover agent or a “friend” shares it. | Privacy Settings: Set all accounts to “Private.” Update regularly. Turn off Location services for social media. Be mindful: Assume all posts can become public.Never post anything that could be interpreted as confessing to a crime or planning unlawful acts, even as a joke. Only accept known, trusted friends. Encrypted Messaging: Use apps like Signal for sensitive talks. If Asked for Access: DO NOT unlock phone/give passwords. Power off device. Insist on lawyer. |
Detained individuals denied access to a lawyer | You have the right to speak with a lawyer if detained. | Immediately and repeatedly state, “I want to speak to my lawyer.” Do not answer any questions without a lawyer present. Do not sign anything. Memorize the phone number of a lawyer or trusted person. Note the times that you asked for an attorney and the name of the person you asked. |
Coerced into signing deportation paperwork without understanding it | You have the right to understand any documents you are asked to sign and to refuse to sign anything you don’t understand or agree with. | Do not sign any documents, especially those related to deportation (e.g., “voluntary departure”), without speaking to an attorney. Insist on having an interpreter if needed. |
Refused interpreter or language support during interrogation | You have the right to an interpreter if you do not understand English during an interrogation or legal proceeding. | Clearly state, “I need an interpreter.” Do not answer questions if you do not understand them. Insist on language support. |
Additional Important Information:
Know Your “Go-To” People: Memorize phone numbers of family members, a trusted friend, and an attorney. Do not rely on your phone for this information if it might be seized.
“Right to Remain Silent”: You do not have to answer questions about your immigration status, citizenship, or how you entered the US. You can say, “I do not wish to answer any questions.”
Do Not Lie: Never lie to a law enforcement officer or immigration agent. Do not present false documents. This can lead to more serious legal consequences.
Do Not Resist Physically: If agents are forcing entry or searching you, do not physically resist. State clearly that you do not consent. Physical resistance can lead to criminal charges.
Document Everything: If it is safe to do so, try to remember names, badge numbers, vehicle descriptions, and details of the interaction. If possible and safe, have someone film the encounter from a distance (without interfering).
Ask witnesses to record:If you are able to communicate with a witness, you might suggest:
“Please record this. Stay at a safe distance.”
“Get their badge numbers and vehicle information if you can.”
“Do not interfere, just record.”
