Empowering Communities: Navigating Legal Rights During Mass Raids
Trump’s 2024 Presidential campaign was based on false, inflammatory rhetoric about immigrants. He has pledged to institute a program of mass deportation of millions of people, beginning on day one of his administration. Below are some frequently asked questions about what mass deportations and raids could mean and what educators can do to prepare for the possibility of mass raids.
• Where might “mass raids” take place, geographically?
◦ In the past, ICE has conducted raids all over the country – not just in places close to the border. Some of the largest raids have been in interior states like Tennessee.
◦ We can anticipate that more raids may take place in states and localities where law enforcement has agreed to cooperate with ICE. A list of locations with 287(g) agreements (for cooperation) is available here: https://www.ice.gov/identify-and-arrest/287g
• Who is most likely to be targeted for deportation?
◦ The Department of Homeland Security (DHS) has historically questioned a wide range of workers during an audit or raid, regardless of the initial scope of their investigation. We expect similar tactics to continue and even expand.
◦ Some people believe that the Trump administration plans to deport only undocumented people who have committed serious crimes. But some Trump supporters regard all undocumented people as criminals – on the theory that they entered the United States illegally. In addition when mass raids occur, those with legal status in the U.S. may accidentally be swept up by immigration enforcement. Therefore, it is important for everyone to be vigilant.
◦ The first Trump administration prioritized the following individuals for removal, but it is unclear whether similar priorities will guide the second Trump administration. Individuals who had been:
▪ Convicted of any criminal offense;
▪ Charged with any criminal offense, where such charge has not been resolved;
▪ Or who have committed acts that constitute a chargeable criminal offense;
▪ Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency;
▪ Have abused any program related to receipt of public benefits;
▪ Are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States; or
▪ In the judgment of an immigration officer, otherwise pose a risk to public safety or national security.
• Is someone’s family or home at risk during an ICE workplace operation or raid?
◦ During a workplace raid or operation, ICE also may visit workers’ homes, particularly of workers whose records are found at the company.
◦ If ICE agents visit a worker’s home, families are under no obligation to answer questions or even open the door unless the agents have a warrant signed by a federal or state court judge.
◦ ICE is known to routinely question people who are present during operations—even if they have no relation to the investigation. If ICE can identify family members or other household members whom they deem a priority for deportation, those individuals also could be detained and taken into immigration custody, sometimes referred to as “collateral arrests.”
• What might occur during a mass raid?
◦ Immigration raids can happen at any given time, but they rely heavily on an element of surprise.
◦ Historically, raids most frequently have taken place at the individual’s workplace or in or near their home.
◦ Raids often take place during predawn or early morning hours.
◦ ICE officers often appear in large numbers, may be visibly armed and may not be easily identifiable as ICE agents.
◦ Other common features of these raids: an absence of a warrant from a state or federal court, and an agent giving false or misleading information to gain access to the home and to describe the nature and length of the arrest.
• Could raids take place at schools?
◦ Under current DHS policy, schools (including colleges, universities, and other institutions of learning) and other locations where children gather (such as daycares and playgrounds) are “protected areas,” (previously referred to as “sensitive locations”) generally protected from immigration enforcement.
◦ There have been calls to withdraw the “protected areas” policy.
◦ Even if the “protected areas” policy is withdrawn, it is unlikely there would be mass raids at schools due to the level of disruption that it would cause to all students and educators. But if the policy is withdrawn, we can expect increased immigration enforcement at or near schools.
• How can schools help families prepare for the possibility of mass raids?
◦ Partner with pro bono attorneys or immigrants’ rights groups to host “know your rights” workshops for families and students
▪ Distribute Red Cards to help people assert their rights and defend themselves if ICE agents come to their home.
▪ These cards are available in 16 different languages
▪ The “Know Your Rights” section below can be shared with families.
▪ Share “Know Your Rights” tutorial videos in seven languages.
◦ Provide information about community resources
▪ Compile a list of local nonprofit organizations that provide free legal support and other services to immigrants.
▪ Gather the information for foreign consulates in your area.
