Immigration Enforcement Protocol

Immigration Enforcement Protocol February 27, 2025 Vito A. Gagliardi, Jr., Esq. Kerri A. Wright, Esq. Janelle Edwards-Stewart, Esq. Kevin M. Craig, MAS, CPP, CPM

“Law & Order”

What is an Executive Order • Executive orders are directives issued by the President to federal agencies.

• They guide federal agencies on how to enforce existing laws rather than create new laws or change current ones.

Immigration Executive Order • “Protecting the American People Against Invasion” • Directs Immigration and Customs Enforcement (ICE) to intensify efforts to identify, detain, and deport undocumented individuals.

• This order includes provisions for increased ICE presence in communities and potential operations in schools.

Immigration Executive Order • Previously, ICE was restricted from conducting enforcement actions in schools, religious institutions, and courthouses.

• The goal was to protect individuals’ access to education, spiritual support, and legal services without the fear of arrest.

Immigration Executive Order • The new directive broadens the scope of enforcement.

• ICE is now authorized to conduct arrests at sensitive locations, including schools, but must still adhere to due process principles.

What To Do Before An Immigration Agent Arrives

Communicate • Students • Families • Local law enforcement

What To Do When Immigration Agent Arrives

Immediate Actions Do Not Grant Immediate Access • Escort the agent into a private room, if possible.

• Politely inform the agent that school personnel must consult with School Leadership • Notify the Executive Director, Principal, and other relevant administrators

Immediate Actions Request: • Identification (e.g., badge or credentials) • Purpose of the request • Official documentation authorizing access (e.g., judicial warrant, court order, subpoena)

Legal Documents

Emergencies

ICE Misbehaves

• Refuses to present a warrant • Refuses to present identification • Barges into the building

ICE Claims Exigency • Comply with their immediate directives to avoid obstruction of justice.

• Notify the Executive Director, Principal, and legal counsel without delay.

• Document the immigration agent’s directive and the reasoning provided for the exigent circumstances.

Student Records

Student Information Do Not Voluntarily Share Information: • Do not disclose student information (attendance, contact details, etc.) without authorization from the Executive Director.

• Student records only can be disclosed in response to a valid court order or subpoena.

Student Information • In accordance with the Family Educational Rights and Privacy Act (FERPA) and New Jersey regulations (N.J.A.C. 6A:32-7.6), parents must be provided reasonable notice -- at least three days -- before their child’s student records are disclosed.

• This allows the parents the opportunity to seek a protective order to prevent the disclosure of the records.

• If a valid court order is provided, provide parents/guardians with at least three days’ notice of any request for their child’s student records. Student records should not be released until the parents are properly notified and the three days have passed.

Record Keeping

Record Keeping A thorough log of the incident, capturing key details such as: 1. Date, 2. Time, 3. Location, 4. Who was present, 5. What was communicated, 6. What occurred, 7. Any actions taken, and 8. The results of those actions.

Record Keeping The names, agency affiliations, and contact information of any immigration agents, government employees, or other relevant individuals involved.

If relevant, please also include badge numbers.

Record Keeping A list of any materials or documentation presented by the immigration agent.

Copies of any documentation provided by the immigration agent (e.g. warrants or other legal documents provided by the immigration agent).

A description of actions taken and outcomes.

Student Support

Student Support • Protocols to protect students during immigration-related activities.

• Training for staff on student rights and security procedures.

• Review and update of School Security Plans to ensure student safety.

• Provide counseling and other support services for affected students.

Student Support • Coordinating with local community organizations for support services.

• Monitoring students for signs of distress and implementing appropriate interventions.

• Establish plans for continuity of education for affected students.

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Thank You

Vito A. Gagliardi, Jr. Principal Morristown, NJ (973) 889-4151 VAGagliardi@pbnlaw.com

Kerri A. Wright Principal Morristown, NJ (973) 889-4327 KAWright@pbnlaw.com

Kevin M. Craig, MAS, CPP, CPM Janelle Edwards-Stewart Vice President, Safety, Security Principal and Investigations Morristown, NJ Morristown, NJ (973) 889-4092 (973) 889-4266 JEdwardsStewart@pbnlaw.com KCraig@porziocs.com 26