Guidance for Child Care Providers: Navigating Immigration Policy Changes & Ensuring Family Safety

Posted on January 28, 2025

Recent policy changes and concerns about immigration enforcement have caused fear among many families. It's important for child care centers and family child care homes to be safe and welcoming for all, including undocumented families. As a leader, your role in providing guidance and reassurance is crucial. Lead with calm and confidence to support both staff and families during this uncertain time.

The Center for Law and Social Policy (CLASP) offers a guide to help child care providers create “Safe Space” policies. To start, review your security and privacy policies to ensure they address staff interactions with authorities, protecting private information, and emergency procedures. These policies should comply with laws and be updated to improve safety and data protection, reducing risks with immigration agents and safeguarding sensitive information. 

Your safe space policy can be tailored to your needs, but it should include these key components:

  • Staff Roles and Responsibilities: Define who will interact with immigration agents, notify on-site staff, and contact off-site personnel, such as directors, lawyers, or community partners.
  • Interacting with Immigration Agents: Designated staff must verify agents’ credentials, including a warrant signed by a judge, and request supervisor authorization before granting access. If access is granted, the agent should be accompanied, and all events should be documented. Staff safety is a priority, and physical interference is prohibited.
    • A judicial warrant is a signed order from a judge authorizing immigration agents to enter a facility and should be labeled with "U.S. District Court".
    • The Immigration Defense Project warns ICE may present administrative warrants, which lack a judge's signature and do not meet the legal standards of a judicial warrant. Always ask for a physical warrant to be slid under the door and check it has a court label and a judge's signature.
  • Minimizing Disruption: Efforts should be made to prevent children and parents from encountering immigration agents.
  • Parent Notification: Parents should be informed of any enforcement action, including agent arrival and departure, and reassured about measures to protect their children and personal information

TEMPLATE FOR SAFE SPACE POLICY

Safe Space Policy for [PROGRAM NAME]

Purpose and Principles
This policy provides protocols for staff to follow in case of immigration enforcement actions at or near [PROGRAM NAME]. These protocols are not intended to interfere with the enforcement of federal immigration laws and are not political in nature. The purpose of [PROGRAM NAME’s] safe space policy is to ensure that our services remain accessible to all families while upholding core constitutional principles of educational equity and access.

Scope of the Policy
References to [PROGRAM NAME] property include [list areas such as classrooms, playgrounds, hallways, offices, and other spaces considered private and belonging to the program]. These areas are designated as protected spaces under this policy.

Commitment to Family Accessibility and Safety
We understand that the presence of federal immigration agents on our property could deter families from bringing their children to [PRESCHOOL/PRE-K/CHILD CARE] or accessing critical services. As early care and education professionals, we are committed to maintaining a safe, reliable, and welcoming environment for every family we serve or who seeks our services.

Staff Roles and Responsibilities

Designated Staff Members:

  • [Name or role, e.g., Director or Assistant Director] will handle communication with immigration agents.
  • [Other roles, e.g., Administrative Assistant] will notify on-site staff and contact off-site personnel, such as legal counsel or immigrant rights organizations, if necessary.

Interaction with Immigration Agents:

  • Designated staff must verify agents’ credentials, including a judicial warrant, supervisor authorization, and purpose of visit.
  • Without proper documentation, agents will not be allowed on the property. If credentials are valid, the agent will be accompanied by staff, and all events will be documented.

Minimizing Disruption:
Staff will make every effort to avoid exposing children and families to immigration agents and minimize disruptions to daily routines.

Parent Notification:
In the event of an enforcement action, parents will be informed promptly of the agent’s arrival and departure, as well as the measures taken to protect children and personal information.

General Security Measures:

  • All doors will remain locked during operating hours, with controlled access for authorized staff and parents.
  • Staff will be trained regularly on privacy protocols and safe space procedures.
  • Private information about families will only be collected as necessary and securely stored, accessible only for programmatic purposes.

Policy Review and Updates:
This policy will be reviewed [annually/bi-annually] and updated as necessary to remain compliant with local, state, and federal regulations.

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