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ORI & AG Presentation for �K-12 Public Schools

Know Your Students' Rights

This presentation is for informational purposes only. For legal advice, please contact an attorney.

This presentation is for informational purposes only. For legal advice, please contact an attorney.

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Today's Presenters

This presentation is for informational purposes only. For legal advice, please contact an attorney.

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Overview of Department of Homeland Security

Immigration Police / Enforcement, Detention & Deportation, representing the DHS in immigration proceedings

Enforcement at the border and within 100 miles of the border, checkpoints, and ports of entries

Adjudicates petitions for immigration benefits (asylum, green cards, citizenship, special visas)

Immigration & Customs Enforcement

Customs & Border Protection

U.S. Citizenship & Immigration Services

This presentation is for informational purposes only. For legal advice, please contact an attorney.

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How People May Come into Contact with Immigration Enforcement

6/23/2025

Contact with the criminal system

Applying for a benefit at United States Citizenship and Immigration Services (USCIS), while having a removal order or criminal charge

Green card & Visa holders returning from travel:

    • CBP must show either Immigrant intent OR Fraud
    • A visa holder is subject to expedited removal

Raids & targeted enforcement

Attending an ICE appointment

Responding to an email/text/letter from ICE

This presentation is for informational purposes only. For legal advice, please contact an attorney.

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Who is at Risk of Removal/Denial of Admission?

6/23/2025

People must fall under a ground of deportation or grounds of inadmissibility.

Generally, this means:

Unauthorized / Undocumented immigrants

Various grounds including drug trafficker, human trafficker, false claim to USC

Lawful permanent residents with criminal charges (green card holders)

Expedited Removal from Interior

(less than 2 years presence, lacking status & removal proceedings)

Expedited Removal at Border

Someone who did not go to an immigration court hearing or has final order of removal

Not everyone who is not a citizen is subject to removal.

This presentation is for informational purposes only. For legal advice, please contact an attorney.

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Reasons for Deportation

Lack of lawful status

Criminal grounds, including:

- Nearly all drug convictions

- Some domestic violence, violation of protection order

- Some theft, fraud, and many other offenses.

Immigration violations / Fraud

Security related grounds (gang involvement, terrorism)

Sometimes, relatively minor and non-violent offenses can lead to mandatory deportation even for green card holders.

This presentation is for informational purposes only. For legal advice, please contact an attorney.

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Know Your Rights:

Interactions with Immigration Enforcement

This presentation is for informational purposes only. For legal advice, please contact an attorney.

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Basic Background laws

It is not a crime to be in the United States without proper documentation:

The United States Supreme Court has explained that, “[a]s a general rule, it is not a crime for a removable alien to remain [present] in the United States,” Arizona v. United States, 567 U.S. 387 (2012)

This presentation is for informational purposes only. For legal advice, please contact an attorney.

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Basic Search & Seizure Law

Controlled by U.S. & State Constitutions

Generally, law enforcement (including ICE) cannot conduct a search & seizure without a warrant signed by a Judge based on probable cause subject to limited legal exceptions.

Basis:

U.S. Constitution, 4th Amendment

Massachusetts Declaration of Rights, Article 14.

M.G.L. c. 276, Sec. 1

Lunn v. Commonwealth,

477 Mass. 517 (2017)

This presentation is for informational purposes only. For legal advice, please contact an attorney.

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Withdrawal of Sensitive Locations Memo

    • A memo that prohibited ICE from conducting enforcement at Churches, Schools, Courts, Weddings and other “sensitive locations”

What is the Sensitive Locations memo?

    • DHS withdrew the memo on January 24, 2025

What happened to the Sensitive Locations Memo?

This presentation is for informational purposes only. For legal advice, please contact an attorney.

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Policies for Responding to Immigration Enforcement

Review policies and designate an administrator to respond to any Immigration Enforcement requests

Consult with your organization's attorney to review your school’s privacy and visitors' policies

Consult

Designate an administrator or supervisor staff may contact

Designate

Consider student confidentiality and any notice requirements when responding to record requests

Consider

Consider your response to immigration efforts based upon the documentation provided

Consider

.

This presentation is for informational purposes only. For legal advice, please contact an attorney.

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Guidance Regarding Public Schools’ Obligations to Protect Students and Their Information

  • Presented by Liza Hirsch, Director of the Children’s Justice Unit at the Massachusetts Attorney General’s Office
  • Flora Chang, Assistant Attorney General, Children’s Justice Unit

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This presentation is for informational purposes only. For legal advice, please contact an attorney.

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Rights of All Students to Education Regardless of �Immigration or Citizenship Status

  • Schools must provide equal access to education to all students regardless of  immigration or citizenship status.

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  • Schools must avoid policies that discourage or deny access to school on the basis of immigration status.

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For more information:

This presentation is for informational purposes only. For legal advice, please contact an attorney.

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Family Educational Rights and Privacy Act of 1974 (FERPA) and the Massachusetts Student Records Regulations

  • Schools cannot disclose, either orally or in writing, a student's personally identifiable information (e.g. student’s name, address, social security number, student number, date of birth, mother’s maiden name, etc.) to third parties (including ICE agents) without the student's parent or guardian’s specific informed consent, unless there is a specific exception permitting disclosure.

This presentation is for informational purposes only. For legal advice, please contact an attorney.

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Exceptions to the General Rule

  1. Judicial Order or Subpoena
      • But still need to first notify the parent (or student, if aged 18+) before complying unless there’s an exception to the notification rule.
  2. Requests from Education officials
      • For the purpose of an audit, evaluation, or federal and state education law enforcement.
      • Data must be protected from third parties and should be destroyed once no longer needed.
  3. Requests from Police, Prosecutors, DCF investigators, or Healthcare staff
      • For the health or safety of the student or others.
      • Requestors must agree to not disclose the information to a third party.

This presentation is for informational purposes only. For legal advice, please contact an attorney.

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Exceptions to the General Rule

4. Requests for Directory Information

      • Designate information as directory only if not generally considered harmful or an invasion of privacy if disclosed.
      • Limit disclosure of directory information to specific parties, specific purposes, or both.
      • Notify parents/guardians of directory policies and allow parents to opt out at anytime, at least once a year. If a parent/guardian opts out of including their child’s information in the directory, the school cannot share the information.
  • Examples:
      • Schools may limit the directory information to a student’s name, phone number, grade level, dates of attendance, participation in activities and sports, or honors and awards received.
      • Schools may decide to limit disclosure of directory information to their school community, and not disclose the information to third parties.

This presentation is for informational purposes only. For legal advice, please contact an attorney.

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Guidance on ICE Requests to Meet or Interview Students or Obtain Students’ Information

  1. Schools may respond with statements such as “the school can neither confirm nor deny a student’s personally identifiable information.”
  2. Refer ICE to the district’s central office to ensure proper protocol is followed.
  3. Contact the district’s legal counsel to discuss the appropriate response before proceeding.
  4. Immediately inform the student’s parent or guardian
      • Allows schools to obtain the specific, informed written consent of a parent/guardian (or eligible student)
      • Allows parent/guardian an opportunity to seek a protective order or other relief in court
  5. If the agent presents a warrant, school legal counsel should confirm that it is a judicial rather than administrative warrant and to determine the scope of the search or arrest authority it provides.
      • Check to see if the warrant or order is signed by a federal or state judge or magistrate.
      • Determine the scope of the search or arrest authority that the judicial warrant, order, or subpoena provides.

This presentation is for informational purposes only. For legal advice, please contact an attorney.

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Share Plan Ahead Resources with Parents/Guardians

Changes in federal immigration policy could increase arrest and detention, which impacts school communities. Schools should be prepared should a parent be arrested or detained by ICE and may consider taking the following proactive steps:

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  1. Provide regular opportunities to update emergency contact information, alternative caretaker contacts, and authorized pick-up contacts.
  2. Share 'plan ahead' resources with families. See: Emergency Planning Guide for Parents with Uncertain Immigration Status.
  3. Review your school’s policy or guidance to ensure it includes steps to take if a student cannot safely return home.
  4. Support the needs of students who are facing increased anxiety as well as families who have been directly affected by changes to federal immigration policy.

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This presentation is for informational purposes only. For legal advice, please contact an attorney.

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Know Your Rights Presentations

For individual schools, non-profits or community organizations wishing to host a KYR presentation

    • MIRA:
      • Email training@miracoalition.org for KYR Presentation Requests
    • PAIR Project:
      • Email Julia Ciachurski at jciachurski@pairproject.org for KYR Presentation Requests

Contacts:

This presentation is for informational purposes only. For legal advice, please contact an attorney.

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Immigration Legal Resources

It may take time to find a provider, please use trusted providers and check references.

Legal Services Directory in Massachusetts:

Legal Services Directory Outside of Massachusetts:

This presentation is for informational purposes only. For legal advice, please contact an attorney.

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