Challenges Facing Non-Profit Organizations Due to Heightened ICE Activity

Guest blogger: Laird Silsby, law student, University of San Francisco:

The Tenderloin neighborhood in downtown San Francisco is home to numerous non-profits, religious organizations, medical clinics and homelessness shelters providing vital social welfare services to many of the area’s residents. As one of the most diverse neighborhoods in the city, the Tenderloin has also long been home to many immigrant groups from Latin American, Southeast Asia and the Middle East. Due to the neighborhood’s demographics, many charitable organizations have become increasingly wary of becoming targets to an emboldened Immigrations and Customs Enforcement (I.C.E) agency, compromising their ability to properly meet the needs of the surrounding community.

                The first challenge facing Tenderloin organizations is determining whether the buildings they occupy are considered private or public spaces. Many groups automatically assume that because they are non-profits serving a public purpose the entirety of their buildings is effectively open to the public and, therefore, to I.C.E agents as well. However, while this may be the case for non-profits operating out of government-owned buildings, if the title to the building is held by a non-government entity then immigration officials will require either a Federal warrant to enter beyond a visibly public waiting area. Having signage or staff members posted at the ends of public spaces to instruct government agents that the building’s interior areas are private and only open to employees and clients may be an important first step in deterring I.C.E interference.

                Many organizations do feel that establishing clear boundaries between public and private spaces may be detrimental to their humanitarian mission by deterring clients and members of the local community from “walking-in” when in need of help and consultation. However, not only is this risk greatly outweighed by the impact I.C.E raids on the premise may have on preventing undocumented residents from seeking aid, but a well-trained staff and properly created signage can do much to minimalize any confusion clients might experience.

                On the subject of employee training, the proper education of staff should be another priority for non-profits based in the Tenderloin. Receptionists and other front-office personnel will likely serve as a crucial point of initial contact with I.C.E agents and should be able to not only identify I.C.E but have the understanding that agents may not enter non-public areas without a proper warrant. If I.C.E does possess the authority to enter the building, a senior staff member with proper know-your-rights-training should be assigned to accompany I.C.E through the building to make sure they do not accidently enter private spaces and to note any illegal or egregious conduct by immigration agents since it may benefit any clients who are detained.

                Well created signage may also serve as a valuable tool to prevent I.C.E from having free range to search the premise. Though signs should not be directed at I.C.E directly as they may grant probable cause for a Federal Warrant, asking law enforcement or Federal agents to speak with a manager before entering private areas should be acceptable. Moreover, as many non-profits often provide religious or medical services under the same roof, notifying I.C.E that these buildings serve as clinics and chapels may be enough to deter I.C.E raids as internal agency memos have generally restricted agents from entering schools, churches and hospitals. 

                In conclusion, though increased I.C.E activity in Northern California has sparked concern amongst humanitarian organizations operating in San Francisco’s Tenderloin neighborhood given the area’s vibrant immigrant community, there are many steps non-profits can take to ensure their clients and they themselves are protected from I.C.E harassment. Educating staff and clients on their rights, and clearly distinguishing between public and private areas can serve to insulate these organizations from greater liability as they continue to serve their communities.  

bh