Preparing For ICE

7. Issues Pertaining to Records Requests

This section focuses on issues pertaining to requests by ICE agents for records/documents from your organization.

Step 1. Staff/volunteers should advise ICE agents that they are not authorized to provide any documents without consent of the Designated Response Person and/or legal counsel.

Step 2. Consult with counsel before providing any records that contain personally identifiable information of individuals.

  • While records/documents must be provided in response to a court order (such as a judicial warrant or a court-ordered subpoena), state and federal laws may protect the privacy of certain records (such as those pertaining to students or protected health information).

Reminder: When reaching out to counsel for legal advice about handling ICE encounters, mark all written communications to and with counsel as “CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGED COMMUNICATIONS.”


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