The Oakland County Prosecutor’s Office has quietly released a new advisory to district leaders across the county, outlining step-by-step instructions on how schools can limit or avoid cooperation with federal immigration agents during enforcement actions on campus. MDCR obtained the document and is publishing it here in full. Oakland County Prosecutor Karen McDonald has issued new guidance telling schools how to limit cooperation with ICE officers as immigration enforcement increases across the county. The advisory outlines how districts can restrict access, demand judicial warrants, and keep federal agents at arm’s length.
McDonald says she issued the memo because “law enforcement activity at schools creates understandable anxiety for students, parents, and educators,” and claimed that incidents like a recent lockdown in Clarkston prompted “community requests for clarity.” She framed the document as “straightforward legal information” and insisted it “doesn’t wade into the larger immigration debate.” But the guidance goes far beyond basic explanations. It tells schools to bar ICE from non-public areas without a judge-signed warrant, explains how to withhold student information, and encourages districts to prepare internal communication plans if immigration officers show up at a building.
The advisory also instructs schools to distinguish between judicial warrants and ICE administrative warrants, document any enforcement activity they believe affects student wellbeing, and remind families of their right to remain silent during questioning. McDonald notes that “being prepared is critical” and adds that no one should interfere with ICE because it “increases the risk to everyone,” but the practical effect of the memo is clear.
The end result is a roadmap that shows school districts how to skirt ICE officers within the limits of the law.
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Below is the advisory sent by the Oakland County Prosecutor’s Office.
As ICE raids have happened across our country, many community members, including our students, parents, and teachers, have experienced understandable anxiety and fear. Schools should be places where kids feel safe, and worrying that a teacher, child, or classmate could be detained can impact a students’ health and wellbeing. Working together, there are steps schools and families can take to keep kids safe, informed, and protected. Planning ahead helps people stay calmer and safer during an enforcement action. We need to remind our students and ourselves that everyone has basic constitutional rights, including the right to be free from unlawful arrest, regardless of their immigration status. As we inform our students, teachers, and families, we must emphasize that no one should ever interfere with ICE or law enforcement. Doing so increases the risk for everyone.
Background
• ICE (Immigration and Customs Enforcement) can enter public areas of schools—such as lobbies, main offices open to the public, or parking lots—without special restrictions. However, to enter non-public areas, including classrooms, fenced school yards, and administrative offices, ICE generally must either present a valid judicial warrant signed by a judge or obtain explicit consent from authorized school officials.
Key Steps for Schools
• Maintain good security practices by monitoring entrances and requiring anyone entering the school to identify themselves and sign in.
• Make sure standard security measures, including security cameras, are functioning and recording so that any enforcement activity is recorded.
• Treat ICE agents as you would any non-parent or guardian of a student, ask them for identification and do not let them into non-public areas without a valid judicial warrant (not just an ICE administrative warrant). Again, do not interfere with ICE under any circumstances. Doing so only increases the risk for everyone.
• Continue to follow student privacy protections and do not provide anyone, including ICE, with personal or family information that is protected by law, including under FERPA and related state laws.
• Emphasize to staff the difference between a valid, judge-signed warrant and an administrative warrant, and instruct staff to immediately contact district counsel or a designated administrator to review any warrant presented.
• Train staff not to interfere with ICE agents, while ensuring that agents operate within school security rules and protocols. Subject to school policies and applicable law, staff should take notes, photos, and recordings of any activity they believe is inconsistent with student safety, students and families’ rights, or student wellbeing.
• Make sure all student and staff emergency contact information is up to date.
• Have a communication plan to notify students and staff if immigration officers come to the school, and a separate plan to notify families. The goal is to keep all members of the school community safe and calm if a raid should occur.
• If a student or staff member is detained, give families resources for locating those detained by ICE and assistance in finding free legal help.
For Parents and Caregivers
• Everyone, no matter their immigration status, still has rights—like the right to remain silent and not answer questions about immigration status, place of birth, or how they entered the country.
• Make sure the school has correct emergency contact information and tell them who can pick up your child.
• Ask your school about their ICE preparedness plan. Help get one started if they don’t have it.
• Know and follow school rules for pickup, emergencies, and communication.
• Make a family plan in case a parent or caregiver is detained or can’t care for their child for any reason. Collect important documents in one place and let your child know what to do.
Stay Informed
• Check out resources and “Know Your Rights” guides (including printable cards) at ilrc.me/protect, and take advantage of free legal services if needed.
Bottom Line
• Working together, schools and families can take steps to preserve our schools as safe places where students can learn without fear.
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