ICE, Schools and Children: What Families Should Know

Leer en español

P

anic has continued to spread through immigrant communities across California ever since President Donald Trump’s inauguration in the light of his promises to conduct mass deportations.

Some immigrant families in the Bay Area say this sense of fear is already affecting their daily lives — and heightened  by frequent rumors of Immigrations and Customs Enforcement (ICE) sightings locally.

Concerns have also been stoked by the new administration’s reversal of a 2011 Department of Homeland Security policy that kept immigration agents away from “sensitive locations” like schools and churches. One East Bay mother told KQED that her teenage daughter noticed many of her classmates stopped showing up to school.

“They’re staying home because they’re afraid they could be arrested,” said Reina, who asked not to have her last name shared. “Or their parents could be taken away while they’re in class.”

According to the California Immigrant Data Portal, in 2021, 20% of minors in the state — around 1.8 million people — were either undocumented or living with someone undocumented. This was true for 32% of Latino teens and children, and 19% of Asian American youth.

So if you are part of a family that has been affected by the administration’s deportation plans, keep reading for how experts and advocates recommend parents and guardians can talk to young people about their rights when it comes to immigration enforcement — and how to prepare for worst-case scenarios.

Bear in mind that this is not legal advice, and it’s always recommended that you consult an immigration attorney for guidance on your family’s  specific situation.

Jump straight to:

• What should families know about ICE in schools?
• How should you talk to your kids about ICE in the news?

What does a ‘family preparedness plan’ look like?

Kristina Lovato, the director of the Center on Immigration and Child Welfare Initiative at UC Berkeley, said that it’s “really important” for every family who could be affected by immigration enforcement to have what agencies and organizations call “a family preparedness plan” in case of an emergency.

The Immigrant Legal Resource Center has a thorough tool kit with guidance on ways to prepare for such a scenario, focusing on a care plan for children.

For example, ILRC suggests that parents should identify a trusted adult to take care of their kids, in case they are detained or deported. (There is a possibility that a child may end up in the child welfare system after a parent is detained or deported.)

There are three avenues to designate a trusted adult to care for for your child:

• Find another adult who can verbally agree to take care of your child in a situation where you cannot. The downside of a verbal agreement is that the trusted adult may not be able to make certain decisions for your child, like medical decisions, in the event that their parent or caregiver is deported.
• Complete a Caregiver’s Authorization Affidavit (PDF) so that the trusted adult can also make school and medical decisions on behalf of your child. This option does not impact your parental rights.
• Have the court appoint a guardian for your child (PDF) by filling out a GC-211 form. This new guardian can, in certain situations, make more decisions than an authorized caregiver on behalf of your child, and the guardianship can also be made conditional, to “kick in” if a parent or caregiver is deported. This route does not take away your parental rights, but it does suspend them by granting legal custody of your child to someone else — making it “a serious decision” to embark on, notes ILRC, and one which should be accompanied by legal advice.

In any case, parents or caregivers should let their children know about their plan, recommends ILRC — telling them exactly who they would stay with if they were not there.

The toolkit also suggests documenting your child’s medications and medical conditions — like allergies — and giving a copy to their school, and another to the adult you designated as an emergency caretaker.

Regardless of your child’s nationality, advocates suggest making sure they have a passport.

What should families know about ICE in schools?

Be familiar with California policy

Since the election, California has prepared to challenge Trump administration actions the state deems illegal. And while ICE can still operate in California, the state is not providing resources to them for immigration enforcement, except for cases of detaining people convicted of serious crimes.)

“No matter who is in the White House, in California, we will continue to lead with California values,” State Attorney General Rob Bonta said in a December news release. “My office will continue to use the full force of the law and every tool at our disposal to protect the rights of California’s immigrants — and we need staff at these critical locations to do the same.”

“We cannot let the Trump deportation machine create a culture of fear and mistrust that prevents immigrants from accessing vital public services,” said Bonta.

California law limits state and local participation in immigration enforcement activities. Bonta’s office updated its official guidance surrounding immigration enforcement in the state, stipulating that state courthouses, public health care facilities and public schools are required to adopt these policies “or equivalent policies.”

The state’s updated guidance for staff at schools and campuses asks that they do the following:

• Notify the local educational agency administrator of any immigration officer’s request to enter campus.
• Ask to see — and make copies or notes of — the officer’s credentials, including name and badge number; the phone number of their supervisor; any documentation that allows school access, like a warrant.
• Document the actions of any officer who enters the premises without consent.
• Notify children’s guardians as soon as possible of ICE activity, and do so before an officer questions or removes a student for immigration-enforcement purposes (“unless prevented by a judicial warrant or subpoena”).
• Notify the California Department of Justice of any attempt by an immigration officer to access a school site or a student by emailing immigration@doj.ca.gov.

According to the state attorney general, your family and your children have the right to:

• a public education, regardless of a parent or caregiver’s immigration status;
• have documents remain private and protected by schools, which can only be released by guardian permission or in response to a court order or subpoena;
• file a complaint or report a hate crime.

If anyone in California suspects that a school or its staff are assisting ICE, state Attorney General Rob Bonta urged them to report these concerns to his office.

Know your right to remain silent

An ICE agent can approach a minor in a public space to ask questions or ask for their identification, said Lovato. But in this case — and almost all cases with law enforcement — the young person should know that they do not need to respond to any questions, according to legal experts.

Advocates counsel that children should not run away, and try to stay calm (PDF).

“A minor can state that they want to remain silent until they speak with a lawyer,” Lovato said. “Do not answer any questions about your birthplace, immigration status or how you’ve entered the United States.” Lovato also recommended not giving an ICE agent “any personal information about yourself or anyone in your family.”

Advocates say it may also be helpful for a child to carry a card that details their rights with them when they go out. You can find a printable version from the Immigrant Legal Resource Center.

KQED also has a guide on what advocates and legal experts say you can do during ICE encounters, which includes details like how to tell an ICE agent from a police officer and what advocates recommend you do if ICE knocks on your door.

If it is safe, legal experts say your child can also attempt to record ICE’s actions. KQED also has a guide on your rights when recording officers.

What can ICE do with children?

ICE is obligated to hand children over (PDF) to the Office of Refugee Resettlement — part of the U.S. Department of Health and Human Services — in 72 hours. (This rule has, however,  been violated before [PDF].)

If you are looking for a minor who has been detained, you can call, text, or message (through Whatsapp) the Office of Refugee Resettlement (PDF) at 1-800-203-7001 or email information@ORRNCC.com.

If your child is 18 or over, you can use ICE’s Online Detainee Locator System to search for them. According to the Asylum Seeker Advocacy Project, it might take a few days for a person to show up in this ICE database. If this person has still not shown up in the database after those few days, you can contact advocacy organizations like Freedom for Immigrants through their form online or call 209-757-3733.

Other organizations that support children include Legal Services for Children, Kids in Need of Defense and the Immigration Center for Women and Children.

How should you talk to your kids about ICE in the news?

Lovato studied the impact of deportations on Los Angeles families during the first Trump administration. She said many young people in these families faced an “ambiguous loss” after seeing a parent forcibly separated from them, coupled with the uncertainty of when they may be reunited.

“It’s a type of loss that is often unnoticed by the general public,” she said. She also noted many children in the study who had seen their parents deported then experienced anxiety that they themselves — or other family members — would be next, even if they had documentation.

It’s easy for young people and children to pick up on any sense of tension around them — and kids “overhear everything,” said Ioanna Angelakis, a marriage and family therapist based in San Francisco.

“They might hear [something] in a certain way that they can’t understand and they can’t process,” she said. This stress can appear in different ways for kids, like acting out in school.”

Because of this, she said parents and caregivers should try to explain things to their child in age-appropriate language. The National Association of School Psychologists has this advice on how to explain traumas, especially in schools, to different age groups. KQED also has multiple guides on how to talk to children when the news is disturbing.

Some concrete advice advocates suggest for parents and caregivers:

Reassure your children

Angelakis said that while it may be difficult, parents need “to get their own fears under control.”

She said that parents should explain to their children — even if they’re teenagers — that their family  will “continue to protect them” and will do everything they can to “make sure that the kids remain safe.”

“There is no easy solution for all of this and it is truly terrifying if a family is in danger,” she said. But Angelakis said that a parent’s reassuring tone can help children from developing tremendous anxiety — or from mirroring their family’s stress.

Tell your child you have a plan

Angelakis said parents should try “putting some containment” on the anxiety their child is feeling, and let them know that “our family has a plan and we’re doing everything that we can to stay safe.”

These plans would include the back-up child care and guardian situations suggested by the ILRC.

Tell your child they don’t have to say anything to law enforcement

Like adults, children have the right to remain silent when interacting with ICE under the law.

What’s more, for some children, advocates acknowledge that going to a police officer or providing information to people or schools might not be helpful for them or their families. This can be the case for a child from a mixed-status family, or a young person whose community has historically experienced violent responses from the police.

Lovato explained that immigration organizations have been encouraging parents to tell their kids and engage in a household practice of “saying no to ICE. Actually verbally, reciting it and practicing: just saying no.”

Regulate your own anxiety

Angelakis said in many situations, fear is warranted and rational — since for so many, ICE headlines hit close to home.

But she emphasized that parents should try to regulate their response when talking to their children. A way for guardians to check on their own anxiety by consulting with other trusted people in their life, and make sure they are not getting “caught in [their] own head,” said Angelakis.

This includes “making sure you breathe right,” she recommended. And that “we pass on the relevant information to the child” in a way that isn’t “skyrocketing anyone’s anxiety.”

Ways advocates suggest you can do this include:

• having your child express their feelings, but not letting them try to comfort you;
• giving a child some positive forms of control, like deciding what to have for dinner or choosing a game to play;
• being a role model on how to handle distress and conflict, like making sure anger looks “in-control” rather than “out-of-control.”

Angelakis said that while families can also try to limit their news intake, she acknowledges that many families are hearing about “terrifying” situations which are hard to ignore.

“It’s really important that we do have these conversations with kids, and [that] we do minimize any kind of anxiety evoking or anxiety increasing conversations.”

But she emphasizes: “Kids are pretty incredible. And super resilient and awfully smart.”

This story contains reporting by KQED’s Tyche Hendricks and Ki Sung.