After Executive Order, Massachusetts Gov. Healey issues guidance for schools, childcare providers, higher ed campuses, health care facilities, places of worship on interacting with ICE 

BOSTON – Governor Maura Healey today announced new statewide guidance for schools, child care providers, higher education campuses, health care facilities and places of worship regarding interactions with U.S. Immigration and Customs Enforcement agents.   

The guidance was required under the Executive Order that Governor Healey signed earlier this year, which also prohibited new 287(g) agreements, prohibited ICE from making civil arrests in non-public areas of state facilities, and prohibited the use of state property for immigration enforcement staging. 

Today’s rollout includes operational guidance for schools, child care providers, colleges and universities, hospitals and health care providers, and places of worship, along with public-facing guidance clarifying that federal immigration officers may not conduct warrantless civil immigration arrests in nonpublic areas of state executive branch facilities and may not use state property to stage or conduct civil immigration enforcement operations.  

The guidance also clarifies that administrative warrants issued by ICE or the Department of Homeland Security do not authorize entry into nonpublic spaces. Providers and organizations are encouraged to establish clear escalation procedures, identify public and nonpublic areas, protect confidential information and train staff on how to respond appropriately to interactions with federal immigration officers. 

“People in Massachusetts should be able to live their lives — go to school, drop their kids off at child care, see a doctor — without fear. That is fundamental,” said Governor Maura Healey. “We are setting clear expectations so providers know how to respond, how to protect their communities, and how to keep their doors open to everyone who needs care and support.” 

“Providers across Massachusetts are showing up every day for children, families and patients,” said Lieutenant Governor Kim Driscoll. “This guidance gives them the tools to do that while keeping services running and protecting the people in their care.” 

The guidance outlines clear steps child care providers, K-12 schools, public and private colleges and universities, and health care facilities and places of worship can take to respond if federal immigration officers arrive on site. The guidance outlines clear recommendations organizations can follow if federal immigration officers arrive on site, including routing interactions through designated administrators or trained staff, requiring legal review of warrants or requests for access, documenting interactions and conducting Know Your Rights trainings for staff and communities. The guidance released today includes recommendations for: 

Schools, child care providers and higher education institutions: 

• Routing interactions with federal immigration officers through designated administrators or trained staff 
• Requiring legal review of warrants or requests for access before taking action 
• Declining access to nonpublic areas, including classrooms, offices and dormitories, unless presented with a valid judicial warrant or judicial order 
• Protecting confidential student and family information unless disclosure is legally required 
• Documenting interactions and following internal reporting protocols 

Health care providers and facilities:

• Prioritizing patient care above all else 
• Protecting confidential health information and ensuring private communication between patients and providers  
• Establishing internal reporting and escalation pathways  
• Documenting any interactions that could affect the delivery of care 

Places of worship: 

• Designating a primary point of contact for interactions with federal immigration officers 
• Requiring a valid judicial warrant or court order before allowing entry into nonpublic areas, including offices, classrooms, nurseries and other restricted spaces 

• Clearly identifying and marking public and nonpublic areas, including posting signage and defining any restrictions on access to buildings, parking areas or events  
• Developing written policies and visitor protocols 
• Refraining from sharing personal information about congregants, staff or volunteers unless legally required  
• Documenting any interactions with federal immigration officers and following internal reporting protocols  
• Ensuring staff, volunteers and congregants understand their rights, including the right to remain silent, consult an attorney and document enforcement activity from a safe distance  
•  Conducting Know Your Rights trainings and educating congregants about available legal resources 

Governor Healey and Attorney General Andrea Joy Campbell previously reminded Massachusetts students and faculty that ICE does not have a right to enter non-public campus facilities, including dormitories, without a valid judicial warrant or judicial order.  Public-facing guidance for state facilities and state property: 

• Clarifying that federal immigration officers may not enter nonpublic areas of state facilities without a valid judicial warrant or judicial order 
• Clarifying that administrative warrants issued by federal agencies do not authorize entry into nonpublic spaces 
• Prohibiting warrantless civil immigration arrests in private areas of state facilities 
• Prohibiting the use of state property to stage or conduct civil immigration enforcement operations 

The administration is working with the Executive Office of Education and the Executive Office of Health and Human Services to support outreach and implementation of this guidance, including sharing best practices and providing resources to providers across the state. 

“As a former superintendent, I have witnessed firsthand how ICE’s reckless and inhumane tactics have instilled fear in our communities and impacted learning,” said Secretary of Education Steve Zrike. “In Massachusetts, we want every student to feel safe and not be afraid to go to child care, school or campus. I am grateful to education leaders across the state who have stepped up to support students and families through empathy and compassion. Today’s guidance strengthens our commitment to seeing that everyone has equal access to education.” 

“In Massachusetts, we’re protecting every community member’s access to health care,” said Health and Human Services Secretary Kiame Mahaniah, MD, MBA. “People should never have to choose between their health and their safety, and deferred medical care because of immigration-related fears will only put greater strain on our health system down the line. This guidance provides assurance that residents across our state can continue to access health care and live healthy, full lives.” 

Alongside the Executive Order, Governor Healey filed legislation to keep ICE out of courthouses, schools, child care programs, hospitals and churches; make it unlawful for another state to deploy its National Guard in Massachusetts without the Governor’s permission; and allow parents to pre-arrange guardianship for their children in case they are detained or deported. 

“All children deserve to feel safe, supported, and able to learn and grow in their early education and child care settings,” said Early Education and Care Commissioner Amy Kershaw. “The Administration’s updated guidance on interactions with ICE provides important clarity and reinforces existing legal protections for educators, children and families and reflects our commitment to enabling them to feel secure in the places where they live, learn, and work.” 

“Students have a right to be in school, and we want our educators and school leaders to be clear about what steps to take if immigration enforcement shows up at their door,” said Elementary and Secondary Education Commissioner Pedro Martinez. “Today’s guidance reinforces the information we have previously shared with schools and reflects the state’s support for students and educators.” 

“We want students to feel supported on our campuses so they can engage in all the opportunities that higher education offers,” Commissioner of Higher Education Noe Ortega. “This guidance highlights crucial practices and protocols that are valuable as institutions work continuously to protect students’ rights.”  

Governor Healey recently launched an online portal with Attorney General Campbell that allows Massachusetts residents to report alleged misconduct by ICE, opposed ICE flights at Hanscom Airport,called for an extension of Temporary Protected Status for Haitians and other immigrants, and opposed new ICE Detention Centers in New England. The Healey-Driscoll Administration has also connected thousands of immigrants with legal services and provided robust multilingual resources for communities and employers. 

The MassGOP has been vocal against Healey’s stances on ICE including her call to defund the agency.