Know Your Rights for Higher Education

Suggested protocols when encountering an immigration agent on or near college campuses.

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Organization Source:
American Federation of Teachers (AFT) 

Organization Website:
https://www.aft.org/ 

Categories:
Interaction with law enforcement (LEA) | LEA – ICE at Schools/Educational Institutions

 Date Last Updated: February 21, 2025 

What the law says about ICE on college campuses

On Jan. 20, 2025, the Trump administration rescinded a policy memo that limited immigration enforcement activities in or near certain protected areas—such as college campuses, schools, healthcare facilities and places of worship. As a result, Immigration and Customs Enforcement officers and agents are allowed to conduct enforcement actions in formerly protected areas.

The Trump administration has also empowered other federal law enforcement agencies and local law enforcement to take immigration enforcement actions. This means that the presence of other law enforcement officers on campus—including DEA, ATF, FBI or local law enforcement—could make noncitizen students vulnerable to immigration enforcement.

Can colleges prevent ICE from going on campus?

Whether ICE can enter a campus to take enforcement action depends on whether the area is considered public. Federal immigration enforcement officers can enter public areas without a warrant, just like any member of the public. However, officers cannot access nonpublic areas of campus without permission from an authorized campus official. Institutional employees are not required to grant access, provide documents or assist federal immigration officers in entering nonpublic areas of the campus. Federal immigration enforcement agents may not enter areas that are private without a legally sufficient judicial warrant.

It is important to note that ICE or federal officials from the Department of Homeland Security may be on college campuses for reasons unrelated to enforcement actions. Universities with international programs are required to report certain information about international students on an F-1 or J-1 visa to ICE. This reporting is routine, and the university is required to comply with on-site visits to review records when requested.

Do’s and Don’ts for students and faculty if ICE authorities are on campus.

  • Immediately notify the office of the president/ chancellor if a request is made by federal law enforcement and/or local law enforcement officers to access a campus or a student’s information/records, or if you observe the presence of officers on campus or questioning students near campus.
  • Do not open the door to private areas on campus. ICE authorities cannot come in without a warrant signed by a judge. Tell them to pass the warrant under the door before you open it. Note that ICE agents often present “immigration” warrants, which are administrative and not signed by a judge—these are not legally sufficient.
  • Remain silent. ICE can use anything you say against you in your immigration case, so claim your right to remain silent. Say, “I plead the Fifth and choose to remain silent.”
  • Do not sign. Don’t sign anything ICE gives you without talking to an attorney.
  • Document the encounter. Take pictures, videos and notes. Write down badge numbers, the number of agents and exactly what happened.

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