Gov. Healey can't name instances where ICE attempted civil arrests at Massachusetts schools after issuing guidance on interacting with agency
Published in News & Features
BOSTON — Gov. Maura Healey was unable to recall an instance where ICE attempted to apprehend a child at a Massachusetts school or child care facility after issuing guidance to educators on how to interact with the federal agency if agents arrive on campus.
The guidance is relative to the recently enacted Protect Act — signed into law by Healey earlier this month — which prohibits civil immigration arrests at schools, courthouses and other state-owned buildings without a judicial warrant, among other measures.
Following an event in Malden on Wednesday, the Herald asked Healey if there has been any notable record of ICE agents carrying out, or attempting to, civil immigration arrests or other operations on children at Massachusetts schools and child care facilities.
“Well, in fact, what we have that’s notable is we’ve had really significant drops in enrollment. We’ve seen and heard from so many superintendents that kids in their districts have been afraid to go to school because of ICE and because of the presence of ICE agents and the fear of what might happen to them or to family members,” Healey said.
“And again, we’re talking about people who were here lawfully but are concerned that they may be picked up and picked up by mistake. So that is certainly something that we have a lot of record evidence of. We also have evidence of people not going to healthcare centers, not going on doctor’s appointments, not going pediatric appointments. That’s been well documented as well, which is why this law was important,” she said.
Healey issued the guidance to all Massachusetts school districts, charter schools, educational collaboratives and licensed or state-funded early education and care programs. It features instructions for staff and administrators to follow if ICE agents arrive on site or request access to a student, child or their information.
It instructs education and child care programs to establish a designated contact person for dealing with federal immigration officers – something required under the Protect Act along with written policies on how staff and administrators should respond if ICE agents arrive at their respective facility. The governor’s office recommends the highest ranking administrator or official on-site to fill this role, and that educational programs also designate a backup contact person as well.
“As families prepare for the new school year, every child should feel safe walking into their classroom and every parent should feel confident dropping them off. The PROTECT Act makes clear that schools and child care programs are places for children to learn and grow, not places for ICE to target families,” Healey said in a Tuesday press release announcing the guidance. “These resources give educators and providers the clear guidance they need to put those protections into practice.”
It goes on to instruct the designated contact person to immediately contact their respective school or program’s attorney, if they are available. If an attorney is unavailable, the Healey administration says the contact person should speak calmly with the ICE officers and ask to view any warrants or other documentation they may have, as well as the individual officers’ names and badge numbers.
“If the law enforcement officers have a valid Judicial Warrant or Judicial Order authorizing an arrest or entry to search or both, the designated contact person should inform the law enforcement officers that they may enter the EEC Provider Premises; however, the designated contact person should request that, where feasible, civil law enforcement officers avoid any areas where children or residents are present,” the guidance reads.
“If the law enforcement officers do not have a valid Judicial Warrant or Judicial Order, or they have only an administrative warrant, the designated contact person must inform them that they are not authorized to enter the EEC Provider Premises or conduct an arrest on the Premises and must ask them to leave,” it continues. “If there is an imminent threat to the safety of a child, staff member, family member, or other person, program staff should not hesitate to call 9-1-1 for assistance.”
The new law calls on all Massachusetts schools and child care providers to have the policies in effect by September 1, or the first day of the 2026–2027 school year.
In addition to prohibiting civil immigration arrests at state owned public buildings, the new law also requires all Massachusetts employers to notify any illegal immigrant employees ahead of a pending I-9 inspection by DHS, and bans state and local law enforcement from entering into any new deputization agreements with federal immigration authorities, the most notable of which are 287(g) agreements, “except in narrow, criminal-law-focused arrangements that meet additional safeguards.”
The Healey administration has partnered with the Massachusetts Office for Refugees and Immigrants to provide Know Your Rights training for the state’s early education and child care industry.
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