U.S. Immigration and Customs Enforcement (I.C.E.) Response Policy
Covenant United Church of Christ
Effective Date: January 30, 2025


 PURPOSE
The purpose of this policy is to establish guidelines for responding to potential or actual visits from U.S. Immigration and Customs Enforcement (I.C.E.) agents, ensuring that the church remains a safe and welcoming space while adhering to legal requirements and protecting the rights of individuals within the congregation.

SCOPE
This policy applies to all church staff, food pantry volunteers and participants, CUCC outside sponsored events, church members, visitors, and other volunteers. It outlines procedures for handling ICE interactions and provides resources to explain your individual rights.

KEY PRINCIPLES

  1. We stand with the United Church of Christ:
    The United Church of Christ has a long history of solidarity in the struggle for dignity and human rights for immigrants, asylum seekers, and refugees regardless of their immigration status. For additional information, please see https://www.ucc.org/justice_immigration-2/.

      2. Sanctuary Commitment:
          The church is a place of worship and refuge. It will not voluntarily provide information to I.C.E. or allow access to its property unless legally required.

  1. Food Pantry:
    The Food Pantry is not considered a place of worship or refuge. When open, it is considered a public place.
  1. Church Sponsored Outside Events:
    Outside CUCC sponsored events like Jazzin’ For Justice, are not considered a place of worship or refuge. The event is considered a public place.
  1. Respect for Rights:
    All individuals, regardless of immigration status, have rights under the U.S. Constitution, including the right to remain silent and the right to legal representation.
  1. Non-Discrimination:
    The church will not discriminate based on immigration status and will ensure the dignity and privacy of all individuals.

 WHAT CUCC SHOULD KNOW

  • We cannot deny entrance to I.C.E.
  • We, as well as local law enforcement cannot impede or interfere with their enforcement.
  • I.C.E. does not have to show a search warrant if the doors of the church or food pantry are open, or at an outside event. I.C.E. agents usually travel with legal teams, so if a warrant is requested, they can prepare one within an hour and do not have to leave the premises.
  • Local law enforcement is prohibited from assisting I.C.E. or providing holding cells for them. Illinois law officers have to follow the Trust Act and the Way Forward Act, prohibiting them from assisting I.C.E.
  • I.C.E. cannot go into the private areas of a church or food pantry without a judicial warrant.

 WHAT TO DO IF ICE COMES TO THE CHURCH, FOOD PANTRY OR CUCC OUTSIDE SPONSORED EVENT
I.C.E. may conduct an enforcement action, or raid on an employer, INCLUDING A CHURCH OR FOOD PANTRY, without notice. I.C.E. officers may show up at the church or food pantry seeking to conduct a search and retrieve documents as well as to speak with employees. Should this occur, the actions listed below should be taken.

  • Remain Calm. If the door is locked, do not open it and immediately find security and call the head of security- Andrew Johnson. He is the designated representative, who will then immediately contact legal counsel- Cathe Evans Williams.
  • If the door is open, do not prevent their entry. Do not say anything and instead immediately call Andrew Johnson.
  • The designated representative should inform I.C.E. that counsel is being contacted. If counsel can come to the premises immediately, the designated representative should request that the officers wait for counsel to arrive before proceeding.
  • The representative should ask for identification and record the officers’ names and badge numbers.
  • The representative should ask the officers if they have a warrant and review the details of the warrant, which to be valid should be signed and dated by a judge, include a time frame for the search, describe the premises to be searched, and a list of items to be searched for and seized. Typically, these items will include payroll and time records, I-9 forms and employee identification documentation. Ask for a copy of the warrant and send it to counsel. You can accept the warrant, but inform the officers that you do not consent to the search of your premises. The search will proceed, but this will allow you to contest the search later should you choose to do so. If an I.C.E. officer presents a warrant that is not signed by a judge, ask them if you can take a copy of it, and contact counsel immediately.
  • If the officers do not have a warrant they may still enter into any public areas of the premises, but cannot enter into any private areas without your consent. Similarly, if the warrant limits the areas that may be searched, officers may not search other areas without your consent.
  • If officers attempt to search the premises beyond the scope of the warrant, inform the agents that you object to the search, but do not physically interfere with the officers’ search of the premises.
  • Do not lie or provide false information to officers or attempt to destroy or hide any documents or items. Do not assist employees with hiding from officers or leaving the premises or encouraging them to do so.
  • The designated representative should follow the officers and document what they are doing, either by taking notes and/or recording video. The representative should log any items that are taken and ask the officers if copies of any documents can be made before they are taken. If the officers ask to take computers or electronic devices that are covered by the warrant, you can request that the officers image the devices instead of seizing them. If their seizure of any items will interfere with your ability to conduct your business, you should inform the officers and request that they not take the items but image/copy the items instead.
  • Any locked areas covered by the warrant should be unlocked if requested by the officers.
  • The officers may ask to speak with employees or move them into different areas to be spoken to. Do not interfere with the officers’ attempts to speak with employees. However, you do not need to assist the officers in their request by, for example, providing information concerning any employee’s immigration status, national origin, or by identifying any specific individuals that I.C.E. may be looking for.
  • You may tell employees that they can choose whether or not to speak with I.C.E., however, you should not direct employees not to cooperate with I.C.E. or to refuse to answer questions.
  • A raid may take hours. If any employees have any specific issues that may need to be addressed – such as medical or family issues – you can let the officers know and ask for their cooperation in accommodating the employees’ needs.
  • You may ask the officers for a list of all items taken during the raid.
  • Following the raid, the company representative should immediately document the details of the raid, including the number of agents present and names, actions taken, specific details of any requests made by the officers and the response to any such requests.

 Additional resources