For many American families facing immigration enforcement activity in their community, things feel unsettling, especially when their presence could impact the people you trust most with your children. As a nanny employer, what are your rights, what are your responsibilities, and how can you keep both your family and your caregiver safe while following the law?

Below, we break down the most common questions families face so you can feel informed and prepared. The goal is not to create fear, but to provide clarity so you can respond appropriately if you ever encounter an immigration enforcement situation.

It is also important to note that every nanny placed through Westside Nannies is legally authorized to work in the United States. Still, understanding your rights and obligations as a household employer helps protect everyone involved.

1) Can an ICE Agent Enter My Home Without My Permission?

In most situations, the answer is no.

At the time of publication, Immigration and Customs Enforcement (ICE) agents cannot enter your home without your consent unless they have a valid judicial warrant signed by a judge. Administrative warrants issued by an agency do not grant the right to enter a private residence without permission.

If an ICE agent comes to your door, you have the right to:

  • Ask them to identify themselves
  • Ask to see a warrant
  • Review the warrant without opening the door fully (i.e., through glass)
  • Decline entry if they do not have a valid judicial warrant

You are not required to open the door or allow entry unless a judge-signed warrant specifically authorizes it. This guidance is supported by immigrant legal advocacy organizations and applies regardless of who lives or works in your home.

2) How Can I Keep My Children and Caregiver Safe Outside the Home?

When children and caregivers are outside the home, preparation and calm communication are key.

Families can support safety by:

  • Ensuring caregivers know emergency contacts (both in a phone and memorized) and the family’s preferred emergency procedures
  • Encouraging caregivers to carry identification and emergency numbers
  • Keeping routines predictable so children feel secure
  • Avoiding unnecessary confrontation or escalation in public settings

If an ICE agent approaches a caregiver in public, the caregiver has the right to remain silent and legally does not need to answer questions about immigration status. Children should never be placed in the middle of these interactions. If possible, when in a public setting, discuss plans to potentially place children in the care of a trusted adult, like another nanny at the park or a trusted parent at a class. 

Caregivers should do their very best to prioritize staying calm, ensuring children are safe, and contacting the employer if needed once they are in a secure setting.

3) If I Am Questioned by an ICE Agent About My Nanny, What Should I Say?

If approached or questioned by an ICE agent, you, as a household employer, have the right to remain silent and are not required to provide information about your employee without a valid legal order, such as a warrant.

Best practices include:

  • Politely declining to answer questions
  • Not providing documents without a legal obligation (i.e., a warrant)
  • Not making assumptions or statements about anyone’s status
  • Stating you’d like to speak with an attorney before answering questions

You are not required to volunteer information about your nanny, their schedule, or their whereabouts. Providing false information is never advisable, but silence is a protected right.

4) Understanding What Is Legal and What Is Not

A big worry of families at the moment is unintentionally doing something illegal while trying to protect someone they care about.

It is important to understand that actively hiding someone from law enforcement or encouraging them to evade arrest may be considered harboring, which is illegal.

However, there is a legal distinction between encouragement and independent action.

For example, opening the door and calling someone into your home specifically to avoid law enforcement could be considered unlawful. But if you leave your door open and someone enters on their own without prompting, this is generally considered legal.

Intent and action matter. When in doubt, prioritize lawful behavior and avoid taking steps that could be misinterpreted or put yourself and those you care about in danger. 

5) Keeping Everyone Safe Through Preparation

The best way to protect your family and your caregiver is through knowledge and preparation.

Consider:

  • Reviewing rights information together
  • Having a clear emergency communication plan
  • Keeping legal resources accessible
  • Maintaining calm, child-focused responses in stressful moments

Reassuring children and caregivers that there is a plan helps reduce anxiety and promotes stability while letting them know you have their best interests at heart. 

6) A Note About Westside Nannies

Every nanny placed through Westside Nannies is legally authorized to work in the United States. Our vetting process includes employment eligibility verification and compliance with all applicable laws.

This article is not meant to suggest otherwise, but to support families in understanding their rights and responsibilities in a broader community context. That said, we believe knowledge is power and that it’s always best to be well prepared in case of a situation that pertains to your children. 

7) Final Thoughts

Topics involving immigration enforcement can feel overwhelming, especially at a time with so much hearsay. But knowledge is one of the most effective tools for safety. Understanding your rights, respecting the law, and staying calm allows you to protect your household and your children without unnecessarily escalating situations.

Being prepared does not mean expecting the worst. It means knowing how to respond thoughtfully if a situation were ever to arise.

Not sure if your nanny is legally authorized to work in the United States? Check out this article: Is My Nanny Legal? Employment Guidelines for L.A. Parents