Top takeaway: A sample policy to help your nonprofit prepare for potential Federal Law Enforcement encounters at your nonprofit.
Preparation is the most important factor in avoiding mistakes and managing your nonprofit’s encounters with Federal Law Enforcement lawfully and responsibly.
Nonprofits who have a written policy like the one below, that understand what Federal Law Enforcement can and cannot do, and who train their staff accordingly are better positioned to protect their organization, their communities, and their employees.
The sample policy below, created by the Minnesota Council of Nonprofits and LegalCORPS, is intended as a guideline for individual organizations to take and customize to your physical space and staffing. The content of this sample policy is for informational purposes only and does not constitute legal advice.
Policy for Federal Law Enforcement encounters at [organization name]
First steps if Federal Law Enforcement agents arrive outside the office:
- Until further notice, PLEASE KEEP THE FRONT DOOR OF THE BUSINESS LOCKED AT ALL TIMES, even during business hours and even if the front desk is staffed. Let in people who have legitimate business with [organization name] and deny entry to those who do not.
- If federal agents arrive, DO NOT UNLOCK THE DOOR. State that the office is closed and [organization name] does not permit federal agents to enter without a judicial warrant signed by a judge.
- Find the most senior staff member on site. In the absence of any senior staff members, please contact [Senior staff 1 name and cell number] or [Senior staff 2 name and cell number] ASAP.
- Contact our legal counsel [name and phone number].
- (Optional/If you remember and do not feel threatened) Begin filming the encounter so that you have evidence in case agents enter in violation of Constitutional and property rights (without permission and without a judicial warrant).
For public areas (for example, a lobby):
- If the door is unlocked, anyone – including federal agents – can enter public areas of a business without permission. Public areas in [organization name’s] office include [list of public spaces]. Public areas do not include [list of private spaces].
- Federal law enforcement is required to provide reasonable, articulable suspicion prior to questioning, stopping, or detaining any person in a public area.
For private areas (for example, beyond the lobby):
- Federal agents can enter a private area ONLY IF they have a judicial warrant. Be clear about which spaces are private areas: does this include all offices, meeting rooms, hallways leading to offices, storage rooms, and bathrooms?
- A judicial warrant is always signed by a U.S. District Court judge or Judicial Magistrate and say “U.S. District Court” or a State Court at the top. (See sample judicial warrants and comparable administrative warrants below.)
- Without a judicial warrant, federal agents need [organization name’s] permission to enter private areas of the office. The [organization name] can state, [the organization name] does not permit federal agents to enter private areas without a judicial warrant signed by a judge.
- If federal agents try to enter a private area, you should say: “This is a private area. [organization name] does not permit your entry to this area without a judicial warrant signed by a judge. Do you have a judicial warrant?”
- If federal agents tell you that they have a judicial warrant, ask for a copy and read it. In the event of an arrest warrant, the employer can accept the warrant but still decline to consent to a full search of the premises.
- Sometimes, federal agents try to use an administrative warrant to enter. But an administrative warrant does NOT allow agents to enter private areas without your permission, unless the person is considered an “escapee” according to U.S. v. Lucas (8th Cir. 2007). Administrative warrants are not from a court. They say “Department of Homeland Security” and are on Forms I-200 or I-205.
If ICE agents enter the office:
- Stay calm!
- Do not block or interfere with agents. You can voice your objections calmly.
- Do not escalate the situation.
- Do not run to the exits. Federal agents can say that people who are running are likely violating immigration laws or criminally evading law enforcement.
- When federal agents show you an administrative warrant with an employee’s name on it:
- You do NOT have to say if that employee is working on that day or not.
- You do NOT have to take the federal agents to the employee named on the warrant (even if they are at work at the time).
- Do NOT help federal agents sort people by their immigration status or the country they are from.
- Watch the federal agents and see if they are complying with what’s written in the warrant. If the agents are searching areas not listed in the warrant, object to those searches by voicing your objection and noting it.
- You may not be able to stop agents from entering the office or conducting searches despite their lack of legal authorization. In this case, it is important to document their actions. If you have not already started and are willing, you should film or record what the agents do in the office. You may be able to prove the agents violated your rights or others’ rights. Submit all documentation of federal law enforcement violations to the MN Attorney General’s Office using this form here: https://www.ag.state.mn.us/Federal-Action/
If federal agents try to stop, question, detain, or arrest a staff member:
- Ask if you are free to leave. If you are not free to leave, ask to consult with an attorney immediately.
- Any information that people give to federal agents can be used against them later.
- Staff do not have to hand over any IDs or papers to federal agents. All workers have this right.
- Document the detention. This includes recording the employee’s name, the date and time of detention, the agency involved, and, if available, the name and contact information of the supervising agent. Note whether the employee was removed from the workplace or detained on-site.
The following choices could put you in legal jeopardy:
- Physically impeding the passage of federal officers.
- Providing false information.
- Helping employees flee the premises.
- Refusing entry to private areas after being provided with a judicial warrant stating:
- The correct company name and address.
- Properly signed and dated by a judge.
- Including a timeframe in which the search must be completed with a description of the premises to be searched and a list of items or people to be seized.
After the encounter:
- Write or record these things after federal agents leave:
- How many federal agents were present (inside and outside)?
- How were the agents dressed? What did they look like? How were they armed? What equipment did they have and/or use?
- Did the agents make you or the workers believe you could not move or leave?
- Did the agents mistreat anyone? If yes, how?
- Describe where the encounter happened (location) and when (date and time).
- Send any video, photo, or written documentation of the encounter to [organization name’s] senior leadership.
- In the case of unionized employees: If any union members were questioned, detained, arrested, or mistreated, or if federal agents specifically inquire about union members, [organization name’s] leadership will make a good faith effort to notify union stewards. If [organization name] has knowledge of a union employee being detained or arrested, [organization name] will share the following information with union stewards (if the union employee has given [organization name] permission to share this information): the detainee’s name, Emergency Contacts of detainee, and date/time of incident.
- If federal agents arrest anyone, ask the federal agents where they are being taken. This information will help the person’s family and lawyer find them.
Further information:
What Nonprofit Entities Should Know About Immigration Site Visits (MCN)
A webinar recording with attorneys on actions nonprofits can take now to prepare themselves for an unannounced visit from U.S. Immigration and Customs Enforcement agents.
Sample Judicial vs. Administrative / ICE Warrants
