Thread: Can schools defy immigration laws?

Can schools defy immigration laws?

Nov 25, 2016

How the Trump administration could enforce the immigration agenda

No they can not. No one can "defy" immigration law with actions that aid, abet, harbor or protect illegal aliens. That is a felony. HUD Housing can't, not-for-profits can't, politicians can't, sheriffs can't, states can't, cities can't, counties can't, businesses can't, schools can't, churches can't, relatives can't, no one can hide, conceal, aid, abet, hire, transport, shield or protect illegal aliens.

I.C.E. Enforcement and Removal Operations


Sensitive Locations FAQs

ERO

U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) have made available Frequently Asked Questions (FAQs) to supplement existing guidance concerning enforcement actions at or focused on sensitive locations and clarify what types of locations are covered by these policies. ICE and CBP conduct their enforcement actions consistent with the Department of Homeland Security’s November 2014 memorandum prioritizing the removal of national security, border security, and public safety threats.

The ICE and CBP sensitive locations policies, which remain in effect, provide that enforcement actions at sensitive locations should generally be avoided, and require either prior approval from an appropriate supervisory official or exigent circumstances necessitating immediate action.

DHS is committed to ensuring that people seeking to participate in activities or utilize services provided at any sensitive location are free to do so without fear or hesitation.

Do the Department of Homeland Security's policies concerning enforcement actions at or focused on sensitive locations remain in effect?

U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) have each issued and implemented policies concerning enforcement actions at or focused on sensitive locations. The ICE Sensitive Locations Policy and the CBP Sensitive Locations Policy remain in effect, and these FAQs are intended to clarify what types of locations are covered by those policies. ICE and CBP conduct their enforcement actions consistent with the Department of Homeland Security's November 2014 memorandum, which prioritizes the removal of national security, border security, and public safety threats.

What do the Department of Homeland Security policies require for enforcement actions to be carried out at sensitive locations?

The policies provide that enforcement actions at or focused on sensitive locations such as schools, places of worship, and hospitals should generally be avoided, and that such actions may only take place when (a) prior approval is obtained from an appropriate supervisory official, or (b) there are exigent circumstances necessitating immediate action without supervisor approval. The policies are meant to ensure that ICE and CBP officers and agents exercise sound judgment when enforcing federal law at or focused on sensitive locations, to enhance the public understanding and trust, and to ensure that people seeking to participate in activities or utilize services provided at any sensitive location are free to do so, without fear or hesitation.

What does the Department of Homeland Security mean by the term “sensitive location”?

Locations covered by these policies would include, but not be limited to:

• Schools, such as known and licensed daycares, pre-schools and other early learning programs; primary schools; secondary schools; post-secondary schools up to and including colleges and universities; as well as scholastic or education-related activities or events, and school bus stops that are marked and/or known to the officer, during periods when school children are present at the stop;
• Medical treatment and health care facilities, such as hospitals, doctors’ offices, accredited health clinics, and emergent or urgent care facilities;
• Places of worship, such as churches, synagogues, mosques, and temples;
• Religious or civil ceremonies or observances, such as funerals and weddings; and
• During public demonstration, such as a march, rally, or parade.

What is an enforcement action?
An enforcement action covered by this policy is any action taken by ICE or CBP to apprehend, arrest, interview, or search an individual, or to surveil an individual for enforcement purposes.

Actions not covered by this policy include activities such as obtaining records, documents, and similar materials from officials or employees, providing notice to officials or employees, serving subpoenas, engaging in Student and Exchange Visitor Program (SEVP) compliance and certification visits, guarding or securing detainees, or participating in official functions or community meetings.

Will enforcement actions ever occur at sensitive locations?

Enforcement actions may occur at sensitive locations in limited circumstances, but will generally be avoided. ICE or CBP officers and agents may conduct an enforcement action at a sensitive location with prior approval from an appropriate supervisory official, or if the enforcement action involves exigent circumstances.

When may an enforcement action be carried out at a sensitive location without prior approval?

ICE and CBP officers may carry out an enforcement action at a sensitive location without prior approval from a supervisor in exigent circumstances related to national security, terrorism, or public safety, or where there is an imminent risk of destruction of evidence material to an ongoing criminal case.

When proceeding with an enforcement action under exigent circumstances, officers and agents must conduct themselves as discreetly as possible, consistent with officer and public safety, and make every effort to limit the time at or focused on the sensitive location.

Are sensitive locations located along the international border also protected?

The sensitive locations policy does not apply to operations that are conducted within the immediate vicinity of the international border, including the functional equivalent of the border. However, when situations arise that call for enforcement actions at or near a sensitive location within the immediate vicinity of the international border, including its functional equivalent, agents and officers are expected to exercise sound judgment and common sense while taking appropriate action, consistent with the goals of this policy.

Examples of operations within the immediate vicinity of the border are, but are not limited to, searches at ports of entry, activities undertaken where there is reasonable certainty that an individual just crossed the border, circumstances where DHS has maintained surveillance of a subject since crossing the border, and circumstances where DHS is operating in a location that is geographically further from the border but separated from the border by rugged and remote terrain.

Are courthouses sensitive locations?
Courthouses do not fall under ICE or CBP’s policies concerning enforcement actions at or focused on sensitive locations. However, enforcement actions at courthouses will only be executed against individuals falling within the public safety priorities of DHS’s immigration enforcement priorities set forth in the November 20, 2014, memorandum from Secretary Johnson entitled Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants. Such enforcement actions will, absent exigent circumstances, not lead to arrest of non-targeted individuals and will, wherever practicable, take place outside of public areas of the courthouse.

Where should I report a DHS enforcement action that I believe may be inconsistent with these policies?

There are a number of locations where an individual may lodge a complaint about a particular DHS enforcement action that may have taken place in violation of the sensitive locations policy. You may find information about these locations, and information about how to file a complaint, on the DHS, CBP, or ICE websites.

You may contact ICE Enforcement and Removal Operations (ERO) through the Detention Reporting and Information Line at (888)351-4024 or through the ERO information email address at ERO.INFO@ice.dhs.gov, also available at https://www.ice.gov/webform/ero-contact-form. The Civil Liberties Division of the ICE Office of Diversity and Civil Rights may be contacted at (202) 732-0092 or ICE.Civil.Liberties@ice.dhs.gov.

You may contact the CBP Information Center to file a complaint or compliment via phone at 1 (877) 227-5511, or submit an email through the website at https://help.cbp.gov.

https://www.ice.gov/ero/enforcement/sensitive-loc

Well, now you know why ICE hasn't been enforcing US immigration law. Someone or several someones on the take with the drug cartels decided that schools, hospitals, churches, funerals, weddings, protests, courthouses, etc. are "sensitive" for the arrest of illegal aliens, which means you have to get them at their homes and drag them out with the babies crying, at the work place and piss off your donors or at the grocery store and threaten shoppers.

I'm sure this will be changed on January 20, and rightly so, because there is no "sensitive location" to arrest illegal aliens. Wherever they are is where you arrest them. Period.

Originally Posted by Judy

Well, now you know why ICE hasn't been enforcing US immigration law. Someone or several someones on the take with the drug cartels decided that schools, hospitals, churches, funerals, weddings, protests, courthouses, etc. are "sensitive" for the arrest of illegal aliens, which means you have to get them at their homes and drag them out with the babies crying, at the work place and piss off your donors or at the grocery store and threaten shoppers.

I'm sure this will be changed on January 20, and rightly so, because there is no "sensitive location" to arrest illegal aliens. Wherever they are is where you arrest them. Period.

I don't for a minute think the drug cartels have anything to do with it. In my opinion, you credit them with a lot more power than they actually have here in the United States.

While I don't agree with giving any illegal a free pass or safe refuge, I do understand why they have a policy against kicking in church doors, dragging kids out of school, interrupting funeral processions, etc. Why actively seek out such negative press? If they know who their target is, they should be smart enough to figure out a way to get them. Avoiding negative publicity whenever possible probably isn't such a bad idea because to do otherwise would undoubtedly draw a huge outcry from the press, which in turn would make ICE seem cold and heartless. That kind of press is not something our cause needs and should be avoided when possible. Of course I'm just talking about your generic everyday illegal, not the murderers, rapist, child molesters, etc. There is a time and place for everything, but dragging a mother out of an active church service or child out of math class probably isn't the right time.

Sometimes finesse and subtlety is the wisest course of action

That's a double-talk cop-out to me.

If you have a school with 1,000 kids in it and 800 are illegal aliens, you arrest all 800 and let the 200 citizens/legal residents go home.

If you have a funeral event attended by 300 people and 280 of them are illegal aliens, you arrest the 280 and let the 20 citizens/legal residents go free.

This is not cause for "negative publicity". This is smart police work.

Illegal aliens travel and operate in groups, the reason ICE doesn't arrest in groups is because they have no intention of solving this problem under current management, so of course they don't want to arrest where they are assembled in large groups, they want to pick one off here and there so they don't upset the cartels behind illegal immigration.

You're free to think whatever you want about the power of the drug cartels, but it's clear you don't understand the power of a handful of cartel owners who own and operate a $300 billion a year tax-free industry, just inside the United States. They distribute elsewhere as well, so their total revenue is far more than $300 billion, that's just what they take in from the United States.

Originally Posted by Judy

That's a double-talk cop-out to me.

If you have a school with 1,000 kids in it and 800 are illegal aliens, you arrest all 800 and let the 200 citizens/legal residents go home.

If you have a funeral event attended by 300 people and 280 of them are illegal aliens, you arrest the 280 and let the 20 citizens/legal residents go free.

This is not cause for "negative publicity". This is smart police work.

Illegal aliens travel and operate in groups, the reason ICE doesn't arrest in groups is because they have no intention of solving this problem under current management, so of course they don't want to arrest where they are assembled in large groups, they want to pick one off here and there so they don't upset the cartels behind illegal immigration.

You're free to think whatever you want about the power of the drug cartels, but it's clear you don't understand the power of a handful of cartel owners who own and operate a $300 billion a year tax-free industry, just inside the United States. They distribute elsewhere as well, so their total revenue is far more than $300 billion, that's just what they take in from the United States.

Your way would be counter-productive in that it would swiftly create more roadblocks to future enforcement. I don't think you've even considered the thunderous noise snatching 800 illegal alien children out of school would cause. The mainstream media would have a field day and it would be headline news in every newspaper in the country. If your goal is to drive people away from our cause and create more enemies, that would certainly be the way to do it. Same goes for sending 500 armed ICE agents to a funeral to snatch 280 grief stricken mourners. That, in my opinion, is far from "smart police work" because the negative publicity would be a disaster. Workplace raids are good because the blame can be laid on the employer. Road blocks disguised as DWI check are good because we're not racial profiling. Early morning raids on individual residences are good because we can catch whole families. I could go on but I think you get my point. Church is bad because it's considered a place of refuge and primary & secondary schools are bad because large groups of children balling their eyes out would not go over well at all with the general populace. Oh, and you must also consider the U.S. Supreme Court ruling in Plyler v. Doe (1982).

As for the cartels, I still say you are grossly over-exaggerating their power where federal law enforcement and our congressional representatives are concerned

I agree with both MW and Judy on this one. There is going to be no nice way of making that first cut on the cake that is illegal immigration. It is going to make a disturbance no matter how you do it. And you can be assured that the social engineers that make illegal immigration possible will be doing everything possible to shed the most negative light possible on whatever is being done. But all efforts should be made to minimize public displays of any kind. Go to it, but not with too much relish or enthusiasm. Be professional.

Kids are out of school in June.

Start sending notices to ALL the students homes the last day of school, do not discriminate who gets notices, that they will NOT be permitted to enroll in public taxpayer funded schools for the following year if they are not in this country LEGALLY! Documentation will be mandatory.

This will avoid them being "ripped" out of current classes...but they will not be able to enroll again.

Cut off the freebies!

Originally Posted by Beezer

Kids are out of school in June.

Start sending notices to ALL the students homes the last day of school, do not discriminate who gets notices, that they will NOT be permitted to enroll in public taxpayer funded schools for the following year if they are not in this country LEGALLY! Documentation will be mandatory.

This will avoid them being "ripped" out of current classes...but they will not be able to enroll again.

Cut off the freebies!

There's a little problem with a Supreme Court ruling.

1982 Supreme Court decision in Texas case said public schools must educate non-citizen children

http://www.politifact.com/texas/stat...e-said-public/