Navigating ICE Presence in School and Healthcare Facilities

By Ashlee Fox, Deputy General Counsel; Catera Pettway, LDF Clerk
© February 2025 . National Association of Social Workers. All rights reserved

On January 20, 2025, President Donald Trump signed Executive Order 14148, titled “Initial Rescissions of Harmful Executive Orders and Actions.” This order revoked numerous directives from the Biden administration, including those related to immigration policies and enforcement priorities. A significant consequence of this executive order is the removal of restrictions that previously designated certain areas —such as schools, hospitals, places of worship, and other sensitive areas—as off-limits for Immigration and Customs Enforcement (ICE) activities. Consequently, ICE agents are now authorized to conduct enforcement actions in these settings, a move that has raised concerns among professionals who serve vulnerable populations, including social workers. 

Navigating ICE Presence in Schools

With the removal of protections for sensitive locations, schools are no longer exempt from ICE enforcement actions. This change has led to increased anxiety among students, parents, and educators, particularly in communities with significant immigrant populations. Under federal law, every child has the right to attend public school regardless of immigration status. However, as undocumented parents fear that picking up their children could expose them to immigration authorities, reports of increased absenteeism among immigrant populations have emerged. 

Social workers operating within educational institutions should be prepared to navigate interactions with ICE agents. The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records. Under FERPA, schools are generally prohibited from disclosing personally identifiable information from a student’s education records without parental consent, except under specific circumstances such as compliance with a judicial order or lawfully issued subpoena. Therefore, if ICE agents request access to student records or seek information about a student, social workers should consult with school administrators or legal counsel before releasing any information.

ICE’s access to schools is not unrestricted and remains subject to legal constraints. ICE agents can enter public areas of a school, such as lobbies or common areas, without a warrant or prior consent. However, non-public areas—such as classrooms, administrative offices, and other restricted zones—require either explicit consent from school officials or a valid judicial warrant. It is important to distinguish between judicial warrants and administrative warrants when determining ICE’s authority on school grounds. A judicial warrant is signed by a federal judge and specifically indicates the areas that can be accessed by ICE agents, while an administrative warrant, issued by the Department of Homeland Security, does not provide such authority. Where the validity of a warrant is unclear or where uncertainty exists regarding the appropriate course of action, social administrators should consult with legal counsel to ensure compliance with applicable laws.

Schools across the nation are currently developing guidelines and procedures for how staff should respond to ICE. Some districts and state education officials have committed to standing up for immigrant students and their right to public education. For example, the Chicago Public Schools Board of Education passed a resolution[1] stating that schools will not assist ICE, and ICE is not to enter a school without a judicial warrant. In Massachusetts, if an ICE agent requests to speak to a student, staff are required to refer the agent to the district's central office or must see a judicial warrant or informed written consent of a parent or guardian.In contrast Oklahoma officials have supported ICE entering schools and recently voted on a proposal that would require parents to report their and their child's immigration status, when enrolling their child in public schools[2].[3] During this time, school social workers should stay informed of the directives and guidelines provided by their school boards.

Navigating ICE Presence in Healthcare Facilities

The executive order also permits ICE to conduct enforcement actions in healthcare settings, including hospitals and clinics. This development has raised concerns that undocumented individuals may avoid seeking much-needed medical care due to fear of encountering immigration authorities, potentially leading to adverse public health outcomes.

Hospitals are currently creating guidelines and policies for responding to ICE.Law enforcement may enter public areas of a hospital such as the lobby or cafeteria. However, they are not allowed to enter private areas (such as treatment areas) without the facility's consent or a valid judicial warrant. In New York, hospitals received a memo[4] explaining that healthcare workers are not allowed to hide immigrants from ICE. Meanwhile, in Georgia, the Children’s Hospital of Atlanta is taking measures to prepare for encounters with ICE. Staff members were instructed to alert security and avoid answering questions or providing information about patients or their families.[5]In contrast, states like Florida[6] and Texas[7] require healthcare facilities to ask patients about their immigration status and report the cost of care for undocumented immigrants.

Complying with HIPAA

Social workers in healthcare environments must be vigilant in protecting patient confidentiality, as mandated by the Health Insurance Portability and Accountability Act (HIPAA). HIPAA prohibits covered entities from sharing protected health information, which includes immigration status, with law enforcement unless an exception applies. These exceptions include court orders, certain administrative requests, or limited information to identify or locate a suspect fugitive, material witness, or missing person. If ICE agents request access to patient information or attempt to conduct enforcement actions within a healthcare facility, social workers should verify the legal authority of such requests by consulting with their institution’s legal department, or an attorney licensed in their state to ensure compliance with HIPAA regulations.

Additional Considerations for Social Workers

Beyond schools and healthcare facilities, social workers may encounter ICE agents in various community settings, including places of worship and social service agencies. Know your rights and those of the individual you serve. Providing “know your rights” information to clients can empower them to make informed decisions and understand their protections under the law.

Social workers should also develop protocols for responding to ICE inquiries or enforcement actions. This includes designating a point of contact within the organization to handle such interactions, ensuring that all staff are trained in confidentiality practices and policies, and establishing relationships with legal counsel who can provide guidance when needed.

In summary, the recent executive order expanding ICE’s authority to operate in previously protected areas necessitates that social workers remain informed and prepared. By understanding the legal frameworks governing privacy and confidentiality, and by implementing proactive strategies, social workers can continue to advocate for and protect the rights of the individuals and communities they serve.

Additional Resources

Below are links to external resources that offer additional information on this topic.

Children Thrive Action Network (CTAN) -Home - Children Thrive Action Network

NASW is a founding member of this national network that focuses on family and child welfare for mixed status families. CTAN also has a number of toolkits related to ICE raids and knowing one’s rights.

Immigration Hub (Amigos) About Us - Immigration Hub – A National Immigration Coalition

Leadership Conference on Civil and Human Rights (LCCHR)– Immigration Taskforce - Task Forces - The Leadership Conference on Civil and Human Rights –This is a national coalition with over 100 immigration rights organization members.NASW has been a member of this task force for a number of years.

National Immigration Law Center (NILC)- The National Immigration Law Center: Home

One of the leading Immigration Law organizations with many years of experience on issue dealing immigrant, migrant, and asylum seekers rights.

Protecting Sensitive Areas Act- https://www.clasp.org/publications/fact-sheet/protecting-sensitive-locations-act-of-2025/.

Note: This is a national coalition that holds weekly national calls with over 100 immigrant rights organizations, many of which as grassroots.

TPS-DED Administrative Advocacy Coalition (Temporary Protected Status

About — TPS-DED Administrative Advocacy Coalition

A Guide to Creating “Safe Space” Policies for Early Childhood Programs (The Center for Law and Social Policy)

Immigration Enforcement FAQs for K-12 Schools in New Trump Era (Fisher Phillips)

What to Do if ICE Shows Up (Arnold & Porter)

Know Your Rights: Immigrants’ Right (American Civil Liberty Union)

Know Your Rights (National Immigrant Justice Center)

Immigration Enforcement Resources (New York Lawyers for the Public Interest)

Know Your Rights Toolkit (Immigrant Legal Resource Center)

What To Do if ICE Knocks on Your Door (Fox Rothschild)

References

Carroll, J. B., Coughlin, B. J., Mehta, R., Ochoa, A. M., & Smith, K. L. (2025). Immigration Enforcement FAQs for K-12 Schools in New Trump Era. Fisher Phillips. https://www.fisherphillips.com/en/news-insights/immigration-enforcement-faqs-for-k-12-schools-in-new-trump-era.html

Cruz, M. L. (2025, January 30). Understanding Employer Rights and Obligations If ICE Knocks on Your Door: What You Need to Know - Felhaber Larson. Felhaber Larson. https://www.felhaber.com/employment-law-bulletin/understanding-employer-rights-and-obligations-if-ice-knocks-on-your-door-what-you-need-to-know/

Drysdale, S. (2025, January 28). Mass. schools cannot give student information to ICE without parental consent, AG says. NBC Boston. https://www.nbcboston.com/news/local/massachusetts-schools-ice-guidance/3615164/

Feldman, J. W., Lombardi, M. C., & Faszcza, N. P. (2025 1). Immigration Enforcement for Health Care Facilities. Shipman & Goodwin LLP. https://www.shipmangoodwin.com/insights/immigration-enforcement-for-health-care-facilities-dont-slip-on-ice-and-break-your-hip-aa.html

Khristina Narizhnaya, Campanile, C., & Aneeta Bhole. (2025, February 6). NYC hospitals tell staff not to hide patients from ICE -- triggering furious Dems: “Fear and chaos.” New York Post. https://nypost.com/2025/02/06/us-news/nyc-hospitals-tell-staff-not-to-hide-patients-from-ice-triggering-furious-dems-fear-and-chaos/

Levenson, E. (2025, January 28). Oklahoma Board of Education to vote on proposal requiring families to prove citizenship when enrolling students. CNN. https://www.cnn.com/2025/01/28/us/oklahoma-school-students-immigration-proof/index.html

Lupiani, J. (2025, January 31). Children’s Hospital of Atlanta prepares staff for ICE encounters. FOX 5 Atlanta. https://www.fox5atlanta.com/news/childrens-hospital-atlanta-prepares-staff-ice-encounters

Nuria Martinez-Keel. (2025, January 24). Oklahoma education chief endorses immigration raids in schools • Oklahoma Voice. Oklahoma Voice. https://oklahomavoice.com/2025/01/24/oklahoma-education-chief-endorses-immigration-raids-in-schools/

Sánchez, V. G., News, K. H., Chang, D., & News, K. H. (2025, January 23). As states diverge on immigration, hospitals say they won’t turn patients away. Fierce Healthcare. https://www.fiercehealthcare.com/providers/states-diverge-immigration-hospitals-say-they-wont-turn-patients-away

Smylie, S., & Amin, R. (2025, January 22). Five things to know about immigration policy and Illinois schools. Chalkbeat. https://www.chalkbeat.org/chicago/2025/01/22/illinois-immigration-sanctuary-laws-schools/

Zepp, A. S., Hereford, M. N., & Galt, F. S. (2025, February 3). Recommendations for Employers Regarding ICE Visits and Raids. Armstrong Teasdale LLP. https://www.armstrongteasdale.com/thought-leadership/recommendations-for-employers-regarding-ice-visits-and-raids/

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