If your organization is in a high-risk jurisdiction, it is likely that everyone at your organization (Board members, leadership, staff, and volunteers) is feeling stressed and anxious about the possibility of an ICE interaction. One important way to lead your team is by proactively preparing a written response plan following the steps below and practicing that plan with your team. Knowing the plan and learning how to implement it helps people gain a sense of control.

Step 1. Proactively seek out and engage legal counsel who can be available at any time if your organization is confronted with ICE inquiries/actions. It’s always best to set up a relationship with legal counsel in advance, before you need them, as it saves time and makes stressful situations less stressful and easier to manage.

Your organization may also want to establish a relationship with immigration counsel (your general counsel can help make connections, the Immigrant Legal Resource Center (ILRC) has a helpful directory of legal service providers specifically for immigration matters, and your organization’s county bar association may also be able to make referrals).

Step 2. Designate a point of contact from your leadership team to handle all ICE and law enforcement agency interactions (“Designated Response Person”) and be sure to designate a backup person (or persons) in case the Designated Response Person is unavailable. Your organization may want to have this role shared by multiple people who take shifts to ensure that your organization always has a Designated Response Person “on call” when any of your organization’s facilities are in use.

• Designated Response Person(s) should familiarize themselves with sample administrative and judicial warrants (more information to follow). Please note that this preparation does not take the place of reaching out to legal counsel to review documents presented by government agents.
• Provide Designated Response Persons with contact information for legal counsel (including contact information for after hours and weekends).

Step 3. Prepare (or order) know-your-rights cards “Red Cards” for your team (staff, volunteers, board members) and the individuals your organization serves (these cards, which come in different languages, help individuals understand their legal rights, and can be particularly helpful for vulnerable populations). You can also encourage your team and the people your organization serves to carry wallet-sized passport cards as identification, as they are convenient and low cost and can assist people who may be targeted by immigration enforcement agents.

• See ILRC’s Community Resources for more information about Red Cards and other resources if your organization serves immigrant populations.

Step 4. Create wallet-size cards for staff, and one-pager with key contact names and numbers and with instructions about how to handle ICE interactions. This one-pager should be as simple as possible and include important reminders and the name and contact information of your organization’s legal counsel and anyone on staff that must be called in the event of an ICE encounter. If you have a reception desk, keep a copy of this printed material there in a readily accessible spot and make sure that staff knows what it is for and how to use it. Keeping this reference sheet short and simple is critical for reminding staff members and volunteers of the response plan in stressful situations.

Step 5. Ensure that all of your organization’s staff and volunteers, especially site directors and reception area staff, have current contact information (cell number/direct dial and email) for your Designated Response Person. It’s important that those on the front lines can quickly access and connect with the Designated Response Person if ICE agents arrive at your facility.

Step 6. Use signage to clearly mark as private all of the spaces within your organization that are private — and take photos for your records of the spaces with this signage. Clear demarcation of spaces and signage are critical for making it apparent which spaces on your premises are not open to the public. Clear signage helps set clear boundaries and makes it easier for your organization to assert its 4th Amendment rights under the U.S. Constitution.¹

• Make clear which areas are public and which are private through signage that states “Private,” “Staff Only,” and/or “No Admittance.”
• Keep doors to private areas closed at all times (and locked if possible).
• If your organization is a legal service organization, visibly mark all files and file cabinets with signage that says “confidential attorney-client privileged communications” and take photos for your records.
• Note: If your organization conducts activities/programs outdoors without fencing, and/or in shared spaces, it may be challenging to assert these spaces are nonpublic. Depending on the space you may be able to create boundaries using makeshift rope fencing and signage.
• Train reception staff of the organization’s protocols for admitting people to private areas. Meet visitors at the door rather than buzzing them in. Emphasize the importance of following the response plan.

Step 7. Remove all organization records and sensitive documents from public areas.

Step 8. Prepare and train your staff and volunteers.

• Conduct trainings that simulate ICE interactions to practice handling ICE agent requests for access to private areas.² This will help reduce staff and volunteer stress related to these interactions.
• Identify those on your team who have primary responsibility for reception duties and provide additional training opportunities for them.
• As you practice executing the response plan, analyze what processes and procedures might help to keep your staff, volunteers, and those you serve safe from harm. For example, a reception person in a public entrance area might benefit from a button under their desk they can press to alert a supervisor/manager that assistance is required.
• Stress the importance of remaining calm and strictly following the response plan.
• Stress the dangers to staff of interfering with or impeding an investigation by government agents (e.g., by preventing them from entering a private space, withholding documents, etc.).

Step 9. Consider implementing additional processes/procedures to protect persons/populations who might be more likely to suffer heightened trauma from ICE enforcement activities, such as children and persons with cognitive disabilities.

Step 10. Work with legal counsel to review and consider whether to update your organization’s Document Retention & Whistleblower Policies.

Step 11. Work with legal counsel to conduct an internal I-9 audit, to make sure your organization’s paperwork is in order.

For more on conducting a self-audit, see:

• U.S. Citizenship and Immigration Services, Self-Audits and Correcting Mistakes
• i9 Intelligence, I-9 Audit Checklist: Every Item to Check Before an ICE Inspection