Navigating Legal Responsibilities While Staying True To Your Mission
A guide for the possibility of a U.S. Immigration and Customs Enforcement (ICE) agent coming to your ministry.
Knowing Your City’s Laws and Policies
Before deciding how to handle an ICE inquiry, it’s essential to understand the local laws. Some cities have Right to Shelter laws, meaning shelters must provide accommodations regardless of immigration status. Knowing these policies ensures that missions operate legally while continuing to provide compassionate care.
Questions to Ask:
• Does our city have a Right to Shelter law?
• Are there specific local or state rules for emergency shelters?
• Do we have any reporting obligations regarding undocumented individuals?
Providing Emergency Shelter in Crisis Situations
In extreme weather or emergency situations, many cities allow for more flexible shelter policies under humanitarian exceptions.
For example, in some cities, emergency shelters can open during freezing weather without enforcing standard policies. If your mission provides emergency shelter, be sure to:
• Follow local emergency provisions.
• Keep records of emergency shelter use and reasons for activation.
• Remain transparent and compliant with the law.
Understanding Your Shelter’s Admission Procedures
Each mission should have clear policies about admitting guests, particularly regarding identification. Any response to ICE should align with these standard procedures.
Key Considerations:
• Do we require ID for guests upon entry?
• What happens if a guest doesn’t have ID?
• How do we handle records and ensure guest privacy?
If your mission typically requires ID, then the same process should apply regardless of ICE’s presence. If ID is not usually required, you can continue with this policy even if there is a potential ICE visit, absent other input.
What “Harboring” Really Means
It’s crucial to understand the difference between providing humanitarian aid and illegally “harboring” an undocumented individual. Legally, harboring means actively concealing, shielding, or lying about someone’s whereabouts with intent to deceive law enforcement.
What Might Be Considered Harboring:
• Providing false information to law enforcement.
• Actively hiding or helping someone evade capture.
• Encouraging someone to remain unlawfully in the country.
What Is NOT Considered Harboring:
• Offering shelter as part of normal ministry work.
• Providing food, clothing, or other basic needs.
• Allowing individuals to stay without deliberately misleading authorities.
Working with Law Enforcement
Having a clear policy on law enforcement interactions ensures that missions remain compliant while protecting their guests.
Best Practices:
• Consult with Local Law Enforcement: Build relationships with local police to better understand expectations. Specifically ask them regarding sheltering undocumented individuals.
• Follow Existing Policies: ICE and law enforcement should be granted access under the same procedures as any other agency.
• Respect Guest Rights: Shelters should not go beyond their standard policies or unlawfully deny access to law enforcement.
What Should Ministries Do?
1. Know the local laws. Make sure your policies align with shelter laws in your city and state.
2. Stick to your established procedures. Whether it’s ID requirements or emergency shelter rules, remain consistent, unless information regarding law enforcement provides different guidance.
3. Be transparent in interactions with law enforcement. Be helpful. Share information. Avoid deception and any actions that could be interpreted as deception.
4. Consult local law enforcement. They can provide guidance on handling ICE visits and undocumented individuals appearing at the mission while ensuring compliance.
5. Allow law enforcement access as per standard procedures. No special treatment or obstruction just follow existing policies that are supportive of law enforcement and the necessary role they play.
By keeping these principles in mind, Citygate Network Ministries can continue providing compassionate care while staying on the right side of the law.
