What to do if ICEAgents Seek to Conduct an EnforcementAction at Your College or University?

OVERVIEW - SCHOOLS ARE CONSIDERED BY ICE TOBE SENSITIVE LOCATIONSICE has guidance indicating that enforcement actions atsensitive locations should generally be avoided, andrequire either prior approval from an appropriatesupervisory official or exigent circumstancesnecessitating immediate action.

• Locations covered by these policies would include,but not be limited to:

• Schools, such as known and licensed daycares,pre-schools and other early learning programs;primary schools; secondary schools; post-secondary schools up to and including collegesand universities.

• An enforcement action covered by this policy is anyaction taken by ICE or CBP to apprehend, arrest,interview, or search an individual, or to surveil anindividual for enforcement purposes.

•o Actions not covered by this policy includeactivities such as obtaining records, documents,and similar materials from officials or employees,providing notice to officials or employees, servingsubpoenas, engaging in Student and ExchangeVisitor Program (SEVP) compliance andcertification visits, guarding or securingdetainees, or participating in official functions or •community meetings.

WHAT MUST ICE DO TO CONDUCT ANENFORCEMENT ACTION AT YOUR SCHOOL?• In non-exigent circumstances, an immigration

enforcement agency needs a warrant to enforceimmigration laws on a university campus.

• The warrant requirements an immigrationenforcement agency must adhereto depend on theprivacy expectations of the area they seek to enter. •For example, an immigration enforcement agencyshould not be allowed to enter a dorm room withouta warrant signed by a judge. It can, however, enterany space that a member of the public could also •enter, like a public city street, without a warrant.

• There are two types of warrants that an immigrationenforcement agency may try to use to enter campusspace for enforcement purposes.

o When it uses a document issued by adesignated agency official as authority toarrest someone suspected of violating civilimmigration laws, that document is anadministrative warrant. (these will be printedon specific ice forms).

o An administrative warrant only grantsimmigration officers authority to enter areaswhere there is no reasonable expectation ofprivacy.

o When agency officers attempt a search orseizure in an area with a reasonableexpectation of privacy, Constitutionalprotections pursuant. to the FourthAmendment kick-in, and the warrant mustbe issued by a neutral magistrate or judge.These warrants are often called "judicialwarrants" or "true warrants." (these will beissued by a court named on the document).

Schools and universities can define the boundariesof their campuses broadly, and request that ICEobtain a true warrant and show that warrant to adesignated university official before they entercampus. Many schools have such understandingswith local police that could provide a template for anICE memorandum of understanding.There are some areas immigration agencies cannot-enter without a true warrant. Although ICE may onlyneed an administrative warrant to arrest someone inpublic areas, that falls within campus boundaries,ICE must use a true warrant (signed by a judge) forany private area. The areas in a university areranked below from most-private to least-private:

o Dorm room (iudqe warrant)o Classroom (arguably judge warrant)o School building (administrative warrant)o Campus courtyard (administrative warrant)o City street (no warrant)

Unless deputized as immigration agents under287(g), campus police cannot enforce administrativewarrants.

An immigration enforcement agency could alsoobtain a civil search warrant from a neutralmagistrate. Campus police, however, would nothave the authority to participate in a searchauthorized for potential civil immigration lawviolations.

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For more information about how our services can assistDevelop a written policy on interaction with an you, please contact:immigration enforcement agency.Develop a written policy on privacy expectations forlaw enforcement on different areas of campus.Make these written policies openly available?Create a map that demonstrates the protections ofdifferent areas of campus in order to aid communitymember and DHS understanding.

WHAT SHOULD YOUR SCHOOL DO?•

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WHAT OTHER LEGAL OPTIONS DOES A SCHOOLHAVE IN DEVELOPING THESE POLICIES?• Schools may refuse to involve campus police with

any ICE cooperation program.• Schools may inform campus police that they should

not allow ICE onto private university droperty withouta warrant. \

• Schools may limit the voluntary cooperation betweencampus police and immigration enforcement throughan MOU or through the college or university'scontrac;:tuallanguage.

• Schools may Inform students that they do not haveto open dormitory doors to ICE agents unless theyslide a warrant under the door.

FINAL THOUGHTS• Schools should develop a legal plan which

involves calling a trained immigration attorney ifimmigration officials seek to enforce immigrationlaws on their university or college campus.

• Schools should also consider retaining counselto be able to immediately help any detainedstudents, faculty, or staff as time is often of theessence and an apprehended person might beimmediately removed unless urgent legal actionis taken.

• Schools should also consider developing anemergency contact system to account for anymissing students who are concerned that theymay be the target of an immigration operation.

Leon FrescoPartner-GlobalImmigration Law andPolicy202.469.5129leon.fresco@hklaw.comwww.hklaw.com

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