NY AG Clarifies ICE Guidance for Schools and Law Enforcement

New York Attorney General’s Office Issues Guidelines

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.

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 doing so 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.

Conclusion

The new guidelines aim to protect the rights of all New Yorkers, regardless of immigration status. By clarifying the role of schools and law enforcement in interactions with ICE, the Attorney General’s office is ensuring that these institutions prioritize the well-being and safety of all students and community members.

FAQs

• What is the purpose of the new guidelines?
• The guidelines aim to protect the rights of all New Yorkers, regardless of immigration status, by clarifying the role of schools and law enforcement in interactions with ICE.
• What is the difference between a civil and criminal violation of immigration law?
• Staying in the U.S. without documentation represents a civil violation, not a criminal one.
• Can schools deny enrollment based on immigration status?
• No, schools cannot deny enrollment based on national origin, immigration status, race, or language.