Milwaukee schools are 'safe havens.' What are your child's rights if ICE comes to school?

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Fear and uncertainty in Milwaukee’s immigrant communities have given way to training sessions and flyering so that local residents know their rights if and when they encounter Immigration and Customs Enforcement at home, school or work.

On Inauguration Day, President Donald Trump rescinded protections against immigration enforcement in sensitive locations such as schools and hospitals. He also ordered ICE to ramp up deportations in an effort to further his “America First” agenda.

The concern caused by those orders has made its way to schools, where students as young as seven are asking questions about immigration crackdowns.

“They were really saddened by the fact that he won. Just because they know from the news stories, and from what they’ve heard of Trump … he’s not a very kind person,” said Alondra Garcia, a second grade teacher at Allen-Field Elementary. “I had one student specifically tell me, ‘Why is Trump so mean towards immigrants? Why does he hate us so much?’’’

Garcia wasn’t entirely sure what to say. She decided to go to parents to make sure families had the information they needed about what their rights are in interactions with ICE. Garcia was then suspended by the district for one day for creating the group chat and thus sharing parents’ contact information, which is against district policy.

Chuck Quirmbach

Now, Garcia is back in the classroom and said she’s committed to supporting her students and their families.

Voces de la Frontera and similar groups are training members of the community on their constitutional rights and how to create a plan in case of detention by ICE.

“It’s a very important moment in our nation’s history to stand together against these attacks and to challenge the scapegoating of immigrant workers and their families,” says Christine Neumann-Ortiz, the executive director of Voces de la Frontera. “It is a critical time because we’re just going to see an ongoing escalation of both of these things.”

Here’s what to know:

Your right to remain silent and decline a search by ICE 

Everyone living in the United States, regardless of their immigration status, has certain rights and protections provided by the U.S. Constitution, according to the American Civil Liberties Union. They are:

• The right to remain silent: You don’t have to discuss your immigration or citizenship status with police or immigration agents. Anything said to an officer can later be used against you in court.
• Consent to search: If an immigration agent asks if they can search you, you have the right to say no. Agents do not have the right to search you or your belongings without your consent or probable cause.

Your child’s rights at school 

Children of any immigration status have a legal right to attend school in the United States following a 1982 Supreme Court decision in Plyler v. Doe.

Milwaukee Public Schools passed a “safe haven” resolution in 2017 affirming these rights. Schools do not collect or store information about a student’s immigration status, regardless of whether teachers are anecdotally aware of a child’s status.

Within MPS, a child cannot be taken out of class unless law enforcement have a signed warrant for their removal.

MPS employees who spoke with WUWM said that if ICE agents arrive at a school, school staff are supposed to direct them to the district’s central office for their warrant to be verified by the district’s legal department.

If a student is removed from class, there are additional rules regarding how law enforcement can interview students:

• The principal can choose whether to allow the interview. 
• The principal must attempt to notify the student’s parent or guardian prior to the interview. 
• School officials must document attempts to contact the student’s parent or guardian. 
• Schools are not allowed to require that law enforcement receive parental consent before  conducting the interview.
• A school staff member must be present during a student interview, unless deemed inappropriate by law enforcement. 

Note: The district has different rules in place when law enforcement is interviewing a student about potential child abuse or neglect.

What to do if ICE shows up at your home, your workplace 

At work:

• Ask the agent if you are free to leave. If yes, leave calmly.
• If you have valid immigration documents, show them. Don’t show false documents.
• Remain silent. You don’t have to discuss your immigration status.
• Don’t sign anything without first speaking to a lawyer.
• Remember you can record your interactions with law enforcement as long as you do not interfere.

At your home:

• You don’t have to answer your door if ICE comes to your home.
• Ask why the agents are there. Ask for an interpreter if needed.
• If agents ask to enter, ask if they have a warrant signed by a judge. If so, ask to see it by asking the agents to slip it under the door or through a window. Take a photo of the warrant and make sure your name or address is on it.
• If they don’t have a warrant, you can refuse to let the agents in. Ask them to leave any information at your door.
• If agents force their way into your home, do not resist. Tell everyone in the residence to remain silent.
• If you are arrested, remain silent. Do not sign anything until you speak with a lawyer.
• Keep an immigration lawyer’s information somewhere safe and with family members in case they need to contact the lawyer for you.

At a traffic stop:

• Keep your hands where the police can see them. Don’t lie about your status or provide false documents.
• The officer can ask you to show your license, vehicle registration and proof of insurance. You don't have to answer questions about your immigration status.
• Remember, in Wisconsin it is not a crime to refuse to identify yourself unless the refusal interferes with a police investigation, according to the ACLU.
• Ask the agent if you are free to leave. If they say yes, drive away.

Voces de la Frontera

How to prepare for possible immigration crackdowns 

Neumann-Ortiz said it’s important for families with mixed status to have a plan in case a member of the family is detained.

Here are some tips:

• Gather important documents for all family members showing the length of time each one has been in the United States. This can include birth certificates, U.S. income tax returns, utility bills, leases, school records, medical records or bank records. Have an electronic folder that can be accessible by phone.
• Identify your emergency contacts, memorize their phone numbers and make sure your contact can access all of your documents.
• Provide your child’s school or daycare with an emergency contact to pick up your child in case you are detained.
• Tell your loved ones that if you are detained by ICE, they can try to use ICE’s online detainee locator to find you with the date of birth and country of origin at https://locator.ice.gov/odls/#/search.

Lea esta historia en Español aquí.