Immigration Enforcement & Child Care: Know Your Rights

The photo quickly went viral. Five-year-old Liam Ramos, bundled in a bunny hat and too-big backpack, was detained by federal immigration agents in his own driveway after coming home from preschool. Thankfully, he's home now, but Liam was the fourth child from his school district taken by ICE in just two weeks.

In Minnesota, immigration officials have been seen at child care programs and schools alike. Educators at Spanish immersion centers report staff being detained outside their buildings while children watch. 

According to the Deportation Data Project, since January 2025, at least 3,800 children have been detained by ICE, over 500 of whom were under the age of five.

We can't stay silent: our entire mission is grounded in the science that early childhood is the most critical developmental window. When children are exposed to chronic stress and trauma during these years, they experience lifelong consequences. The Harvard Center for the Developing Child states: “The more adverse experiences in childhood, the greater the likelihood of developmental delays and later health problems.” 

But here's what gives us hope: strong relationships with caring adults can actually prevent or reverse the effects of toxic stress on young children. That's you. You can take steps to be a safe haven for your community.

Here’s what you can do right now to support your staff, families, and children.

Know Your Rights for childcare programs and families

Before we talk about creating a safe space for staff, families, and children, the most important thing you can do is be prepared. Download our comprehensive "Know Your Rights" checklist that covers:

• Staff documentation requirements (I-9 compliance)
• Your facility's legal protections based on your setting (public school, private center, or family child care home)
• What to do if immigration officials appear at your program
• How to document any visits
• Resources for legal support

How to create emotional safety in your childcare program

There are steps you can take to ensure that your program creates a culture of safety for the adults and children alike. While we are not immigration lawyers, this is practical guidance you can take to protect and nurture your community. Immigration enforcement varies significantly by location. Connect with local immigrant rights organizations and your state's child care association for specific guidance and detailed laws for your state.

Helping Children: 

Children pick up on adult stress and anxiety, even when we try to hide it. They're also hearing things on the news or from conversations among adults. But even if we can’t completely shield them from the stress of the world, there are ways to provide extra emotional support so they feel more comfortable in your care. 

• Maintain routines: Predictability helps children feel safe. Keep your daily schedule as consistent as possible.
• Name feelings without adding to fear: If a child says they're worried about someone coming to take their parent, validate their feelings: "I can see you're worried. It's my job to keep you safe here, and your family's job to keep you safe at home."
• Provide extra comfort: More lap time, more one-on-one attention, more physical reassurance for children who seem anxious.
• Watch for behavioral changes: Increased clinginess, regression in toileting or sleep, aggression, or withdrawal can all be signs a child is experiencing stress. If you notice this, be sure to have a conversation with their parents to work together on a plan to give them extra support.

Support your staff: 

Your team may include immigrants, family members of immigrants, or people who are deeply affected by what's happening in your community. Some may be directly targeted. 

Check in regularly with your staff to ask how they're doing and what they need. As a leader, don't assume silence means your entire team is okay. Some people mask their concerns, especially if they aren’t sure where their boss stands. And, be flexible when possible: if someone needs a mental health day try to accommodate when you can. 

Finally, make sure everyone on your team knows what your center's protocol is if immigration officials appear (more on this below), and connect staff to resources like legal aid, mental health support, and community organizations that can help.

Communicate with families: 

Families need to know you're a safe, stable presence for their children and that you have a plan. Some may have a lot of questions about your policies but feel afraid to voice them. By proactively sharing information, you send a message that you are a safe space and are there to support them through a difficult time. Share is the "Know Your Rights" checklist (download above) to help them understand their legal protections as well.

And remember that families are entitled to privacy. Don’t ask them for their immigration status or documentation beyond what’s legally required for enrollment. If families do disclose their status and ask you for help, know that you legally cannot harbor or conceal someone from immigration officials. This could have serious legal consequences for you and your program. Focus on what you CAN do: maintain normal operations, protect children's routines, and connect families to legal resources

Make sure families have designated trusted adults who can pick up their children if they’re unable to do so.Ask all families to regularly maintain their emergency contact information so that you have the most current and accurate information. 

Using Famly to stay connected: In uncertain times, families need to know their children are safe and cared for. Use daily updates, photos, and messages to maintain that connection - especially for families who may be hesitant to come into the building. You can also ask families to maintain their emergency contact information on the child’s profile.

Whether your city is seeing an increase in immigration officials or not, it’s important to be prepared and maintain a calm, safe environment for your staff, families, and children in your care. Children especially need a place where they feel comfortable and protected from any stressors in their lives - whether it’s fear of detainment or from seeing scary images on the news. 

By knowing your rights, being proactive in your communication with your team and families, and sharing resources, you can be a safe haven for those who may be experiencing fear.