What is a Private Area?

Private spaces are restricted to staff and neighbors only. Use signs and check-in systems to designate private areas. If anyone can freely enter a space, it is considered a public space.

Public areas, like reception spaces, are open to ICE without a warrant. Private areas, such as offices, require a valid judicial warrant for entry.

To protect private spaces:

• Clearly label them as “Private – pantry participants, employees, and volunteers only” with signs on doors or in hallways.
• Require visitors to register or check in with staff before entering.
• Explain these measures to neighbors to emphasize that their purpose is for safety.

Spaces like parking lots, sidewalks, or outdoor lines are not private. Whenever possible, create private areas that are restricted for food distribution services.

If your building requires keys, keycards, or a buzz-in system, it may already qualify as a private space. However, posting signs indicating that a space is only for food pantry participants is still a good idea.

Recommended Actions

• Mark private areas as “Private – pantry participants and employees only”
• Create a private space in your pantry with a sign that says “Food Pantry Guests Only”
• Use a buzz-in system for clients, if possible
• Consider switching to an appointment system for food distribution

Client Information

Your client data is protected at CFBNJ. Our security systems and procedures are in place to safeguard our computers and data. As a reminder, the required information on our intake forms includes name, address, income eligibility, and the number of people in the household.

Important notes about client intake:

• Recipients must self-certify their eligibility once per year
• The pantry should not require proof of eligibility beyond the self-certification
• Recipients do not need to show documentation of their qualifying programs
• Client data in Oasis Insight is also protected. Whenever information is entered or viewed in Oasis Insight, it is encrypted during communications with the server. This ensures that your connection is secure and protected from eavesdropping.

It is important to review any data you collect beyond what is required on CFBNJ signature sheets. If you need to share specific client data for other programs or grants, ensure that anyone with access to the data is making their best efforts to protect client privacy.

Please do not collect or store any information related to client immigration status or social security numbers.

What to Do to Prepare for a Potential Raid?

1. Establish an internal plan
   • Develop a clear plan to guide actions in the event of an ICE visit
2. Designate points of contact
   • Ensure that 1-2 people at your organization are designated as the primary points of contact in case ICE shows up
3. Educate volunteers
   • Volunteers should be familiar with your internal plan and know what to do if ICE arrives
4. Educate neighbors on their rights. Here are some helpful links to learn more about immigrants’ rights
   • https://www.njcic.org/immigrants-rights-resources
   • https://www.wehaverights.us/
   • https://www.ilrc.org/red-cards-tarjetas-rojas

6 Steps for Responding to ICE Actions

To handle enforcement actions effectively, staff should be trained on the following principles:

1. Respect Officers
   Always treat law enforcement, including ICE agents, with respect. Do not touch or interfere with them physically.
2. Notify Your Designated Point of Contact
   Inform your designated point of contact immediately about any enforcement activity. This person should also be the point of contact for reviewing the warrant, if possible. For example, your designated contact may be your Executive or Program Director—whoever needs to be notified.
3. Request a Warrant
   Law enforcement cannot enter private areas without a judicial warrant signed by a judge, except for in emergencies or other limited circumstances. Police can search without a warrant if they think evidence might be destroyed or someone could be in danger if they wait. For example, if police are chasing a suspected criminal, they can go into a private space without a warrant.
4. No Warrant = No Access
   Without a judicial warrant, do not answer questions, provide information, or allow access to enter non-public areas. All law enforcement officers should be immediately informed that if they don’t have a warrant signed by the judge, they will not have consent or permission to enter non-public areas or have access to client information.
5. Do Not Interfere Physically
   While denying access or asking to see a warrant is lawful, do not lie to officers or physically obstruct them. If officers lack a warrant, staff can say:
   • “I’m sorry, but this is private property, and we do not consent to your searching our facility without a warrant signed by a judge.”
   • “I’m sorry but you are not authorized by a warrant to search [requested area] and it is our policy not to allow searches without proper warrants.”
   • “Since you do not have a warrant, it is our policy that you are not allowed to enter non-public areas of the facility.”
6. Contact Legal Counsel and Document Everything
   Record officer names, badge numbers, and actions. You should contact legal counsel immediately if possible.

What to Do if ICE Agents Show Up

• Inform Clients of Their Rights
• You can let neighbors know that they have the rights to remain silent and to ask for an attorney. Staff can remind clients of these rights but cannot tell them not to answer questions.
• You should not help anyone evade law enforcement. Doing so could break the law and lead to criminal charges.
• Protect Client Privacy
  • Do not release client information unless there is a valid warrant from a judge, a subpoena, or the client has given explicit consent. Sharing information without these safeguards could violate privacy laws.
• Record and Report
  • Staff may record the encounter, but they should stay at a safe distance and state that they are recording.
  • If you don’t feel comfortable recording, write down as many details as possible.
  • If officers ask you to move back, follow their instructions and document that you did so.
  • If a neighbor is being arrested, write down their name and where they are being taken to help inform their families.

Judicial Warrant vs Administrative Warrant vs Subpoena

Judicial Warrant:

• A judicial warrant is either a search or arrest warrant that requires immediate compliance. It must:
• Be signed by a judge or magistrate (any state or federal judge)
• Specify the location to be searched for and the person or items to be seized.
• Be dated and issued within the past 14 days.

Administrative Warrant:

An ICE administrative warrant is signed by an immigration officer, not a judge. These warrants are limited and only allow ICE to detain non-citizens suspected of immigration violations. They do not permit ICE to enter or search private areas of a facility without consent.

Subpoena:

A Subpoena is a written request for information that gives you a certain amount of time to respond. If you receive one, immediately make a copy of the subpoena and carefully note when, how, and from whom you received it. Before responding to the subpoena, it’s recommended to consult a lawyer to understand what information you’re legally required to provide.

Click here to see examples of the different warrants and subpoenas.

Helpful Organizations to Follow for Immigration Support:

• Make The Road NJ
• First Friends of New Jersey & New York
• ACLU NJ
• New Jersey Consortium for Immigrant Children
• Wind Of The Spirit

The Department of Homeland Security recently released a statement saying they are ending the protected areas policy. This policy was used to prevent ICE from taking actions like making arrests, conducting searches, or doing surveillance in certain places. Now, places like schools, churches, and hospitals are no longer considered protected areas.

We will keep you updated as things change. If you have any questions or concerns, please don’t hesitate to reach out to us.

Please note that this document is for informational purposes only and is not intended as legal advice. This does not substitute for consulting with your own legal counsel regarding any specific circumstances.