News-Press obtains documents for Lee County Schools’ guidelines on handling ICE agents

News-Press obtains documents for Lee County Schools’ guidelines on handling ICE agents

Following a recent federal directive allowing immigration enforcement at schools, the School District of Lee County issued detailed guidelines to help staff navigate potential interactions with Immigration and Customs Enforcement (ICE) agents.

Last week, the district released a statement to staff and parents affirming its legal obligations, but stopped short of providing specific procedures.

However, documents obtained by The News-Press outline clearer protocols for how the district expects schools to respond if ICE agents arrive on campus.

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These guidelines were developed following the Trump administration’s reversal of policies that restricted enforcement actions at “sensitive locations” such as schools.

What’s the protocol for handling ICE agents at Lee County Schools?

The District issued guidelines, asking administrators to share them with staff to ensure everyone is informed.

According to these guidelines, school principals are the primary point of contact for ICE agents.

The District also suggested that any principal designee be trained on these protocols:

  • If an ICE agent arrives at a school asking for a student, the administrator must first verify their identity by requesting identification, such as badges, photo IDs and business cards.

  • The District then instructs administrators to note or make copies of these credentials and record the agent’s name, badge number, contact information and supervisor’s phone number.

  • It is also crucial to inquire about the reason for the agent’s presence on school grounds and to request any relevant paperwork, such as arrest warrants or judicial orders.

  • Before granting access, school personnel must inform the agent that legal counsel must review the request.

  • Unless exigent circumstances exist, an agent must obtain a judicial warrant issued by a federal court and signed by a federal judge. The guidelines also align with Board Policy 5540 for handline law enforcement questioning students.

What are the steps for student interviews and parental notification?

If legal counsel grants ICE agents access, administrators should:

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  • Check with the ICE agent to see if the parent can be contacted before the student’s interview or arrest. If the agent confirms that parents may be contacted, the administrator should call the parent.

  • If the ICE agent indicates that a parent should not be contacted, the administrator should request to remain with the student during the questioning. However, if the ICE agent insists that the administrator cannot stay, the administrator should leave the room and allow the agent to question the student alone.

  • If a student is arrested, the administrator should immediately notify the parent and provide the agent’s contact information. The administration should also inform the regional and district superintendents promptly.

  • Document all efforts to inform the parents and all events that occurred during the visit.

What are the legal considerations for staff?

The guidelines also outline legal precautions for school staff:

  • Do not physically obstruct an agent, even if they seem unauthorized.

  • Failing to comply with instructions during a federal investigation can result in serious consequences, such as an arrest for tampering with the investigation or obstruction of justice.

  • Examples of non-compliance include informing a parent about an interview when an agent has specifically instructed not to, refusing to leave the room when asked or interfering with an agent’s arrest of an individual.

  • Individuals have the right against self-incrimination and cannot be compelled to provide any information.

How are schools advised to handle student welfare in case of parental detention?

If school staff become aware that a student’s parents have been detained, but the student has not, they should notify the administration to determine the student’s living situation and whether to call the Department of Children and Families.

If a student does not have a legal guardian and no documentation has been submitted for a delegation of parental responsibility, DCF must be contacted.

What are Lee School District’s policies on student records and ICE subpoenas?

The Lee County School District maintains that it does not collect documentation regarding a student’s immigration status during enrollment and therefore should not have any documents related to immigration status. However, schools are advised to prepare for subpoenas involving human trafficking or related issues.

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If an agent presents a subpoena for student records, it must be forwarded to the Office of Legal Services for guidance and processing. Under federal law, personally identifiable student information in education records cannot be released without prior written parental permission, a lawfully issued subpoena, a court order or in a health or safety emergency. In such cases, parents and students must be notified by the educational institution or agency before releasing any records.

This article originally appeared on Naples Daily News: What are Lee County School guidelines for handling ICE agents?

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