ICE Protocol
Engagement with External Law Enforcement Protocol Summary
If a non-ºÚ°µ±¬ÁÏÍø law enforcement officer makes inquiries regarding any student, staff,
faculty, patient, or visitor on campus or requests access to any campus building,
immediately refer the officer to ºÚ°µ±¬ÁÏÍø Police and call ºÚ°µ±¬ÁÏÍø-Police directly (773-995-2111) to inform them of the presence of non-ºÚ°µ±¬ÁÏÍø law enforcement.
This protocol is relevant for interactions with any federal immigration officer who
makes inquiries about the immigration or citizenship status of any student, staff,
faculty, patient, or visitor on campus.
If any documents are presented, please do not accept them. Direct the officers to
ºÚ°µ±¬ÁÏÍø Police. Again, call ºÚ°µ±¬ÁÏÍø-Police directly (773-995-2111) to inform them of the situation.
If bringing in university counsel is warranted, ºÚ°µ±¬ÁÏÍø Police will make that referral.
You may also call university counsel directly (773-995-2462), but we encourage you to route all of these situations through ºÚ°µ±¬ÁÏÍøPD.
Procedures for Responding to Inquiries from or Visits by U.S. Agents Conducting Immigration
Enforcement
The United States government, through federal agencies such as the U.S. Immigration
and Customs Enforcement (ICE) the U.S. Customs and Border Protection (CBP) or another
federal law enforcement agency, may visit campus to conduct immigration enforcement
actions or attempt to obtain immigration-related information about a member of the
University community. The inquiry could come in the form of a telephone call, email,
letter, or visit to campus. This document outlines the steps ºÚ°µ±¬ÁÏÍø faculty and staff
are to take if contacted on campus by ICE or any other law enforcement agents (not
including members of the ºÚ°µ±¬ÁÏÍø police department). These Procedures are adopted in compliance
with the Public Higher Education Act, 110 ILCS 167/18. The Procedures do not constitute
legal advice but provide assistance in maintaining compliance with State and federal
law.
If you have any questions or concerns about this protocol or are generally unsure
about what to do after reading below, please contact the Office of Legal Affairs at
(773) 995-2462.
ºÚ°µ±¬ÁÏÍø Campus Immigration Enforcement Visits - Protocols
VISITS - In the event federal law enforcement agents come to the ºÚ°µ±¬ÁÏÍø campus to inquire
about ºÚ°µ±¬ÁÏÍø students, faculty, staff, visiting scholars or guests, members of the ºÚ°µ±¬ÁÏÍø
community are asked to take the following steps:
- Inform agents that University protocols require that you contact the ºÚ°µ±¬ÁÏÍø Police Department
to address the agents' requests.
- Immediately call the ºÚ°µ±¬ÁÏÍø Police Department at (773) 995-2111. Indicate that you have
an urgent matter and that immigration enforcement agents are in your office.
- ºÚ°µ±¬ÁÏÍø Police officers will be dispatched to the location to address the immigration
enforcement agents and will determine appropriate next steps in consultation with
Legal Affairs.
- Do not accept any subpoena, search warrants, documents or materials from the immigration
enforcement agents. Inform them that you are not authorized to accept the documents.
The ºÚ°µ±¬ÁÏÍø Police will review the documents in consultation with Legal affairs.
- Do not provide personally identifiable information about other members of the University
community to agents unless authorized to do so by ºÚ°µ±¬ÁÏÍø Police Department or Legal Affairs.
SUBPOENAS/ SEARCH WARRANTS – In the event an ICE or other immigration enforcement
agent attempts to give you a subpoena or search warrant during a visit to campus:
- Inform the agent that the University has protocols and subpoenas or search warrants
must be given to a ºÚ°µ±¬ÁÏÍø Police officer or a member of Legal Affairs.
- Inform the agent that you are not authorized to receive such a document.
- Contact ºÚ°µ±¬ÁÏÍøPD at (773) 995-2111, indicate that you have an urgent immigration matter and that an ICE agent has a
subpoena or search warrant that they want to serve.
- Protect student and employee privacy of any individual involved by not sharing the
details of the written request.
- Legal Affairs will review the request to ensure that it meets legal requirements and
will respond in accordance with applicable laws.
WRITTEN REQUESTS - If you receive a written request (i.e., email, letter or document
request via U.S. Mail) from an ICE or other immigration enforcement agent requesting
information regarding a member of the ºÚ°µ±¬ÁÏÍø community:
- Call Legal Affairs at (773) 995-2462 to inform them about the written request and
to provide them with any additional information/context.
- Send the written request to the Legal Affairs at legal@csu.edu.
- Do not provide personally identifiable information about other members of the University
community to agents unless authorized to do so by ºÚ°µ±¬ÁÏÍø Police Department or Legal Affairs.
- Protect student and employee privacy of any individual involved by not sharing the
details of the written request.
- Legal Affairs will review the request to ensure that it meets legal requirements and
will respond in accordance with applicable laws.
CALLS – In the event, you receive a call from someone who self-identifies as an immigration
enforcement agent, and they request information pertaining to a member of the University
community:
- Inform the individual that the University has protocols and all telephone information
requests must be directed to the Office of Legal Affairs.
- Transfer the call to Legal Affairs at (773) 995-2462 or request that the caller contact
Legal Affairs.
- Call Legal Affairs and provide any information that you received regarding the requester
and the request.
- Do not provide personally identifiable information about other members of the University
community to agents unless authorized to do so by Legal Affairs.
Frequently Asked Questions (FAQs) Related to Federal Immigration Enforcement
| Can ºÚ°µ±¬ÁÏÍø prevent federal immigration enforcement officers from coming on campus or
entering campus buildings and other university property? |
|
It depends. As a public institution, a large portion of the ºÚ°µ±¬ÁÏÍø campus is open to
the general public. Federal immigration enforcement officers may enter those areas
open to the general public without a warrant.
However, public access is limited in certain areas of the ºÚ°µ±¬ÁÏÍø campus and property.
Included in this category of limited access spaces are campus buildings in which access
is restricted by university-issued ID card, locked doors, or monitored entryways,
including university residence halls. Limited access spaces also include some buildings
and spaces that may be unlocked during normal operations, including administrative
or faculty offices, classrooms, and research laboratories.
It is important to note that ICE or federal officials from the Department of Homeland
Security (DHS) may be on campus for reasons unrelated to enforcement actions. As part
of the Student and Exchange Visitor Program (SEVP) through the Department of State,
in which many International students participate, the university is required to report
certain information about F-1 or J-1 visa status students to ICE, as it is an agreed
upon part of SEVIS reporting. This reporting is routine, and the university is required
to comply with on-site visits to review records when requested.
|
| In what situations can federal immigration enforcement officers enter limited access,
nonpublic areas, including residence halls? |
Federal immigration enforcement officers are typically required to have a criminal
arrest or search warrant to lawfully enter limited access, nonpublic areas without
consent. Immigration officers generally carry administrative warrants. Administrative
warrants are not signed by a judge and usually do not authorize officers to enter
limited access areas without consent. |
| Will the ºÚ°µ±¬ÁÏÍøPD work with federal immigration officers to apprehend and remove individuals
from campus? |
|
No. The ºÚ°µ±¬ÁÏÍøPD will not ask anyone about their immigration status and does not arrest
anyone solely on the basis of their citizenship or immigration status. ºÚ°µ±¬ÁÏÍøPD also
does not act on detainers issued by ICE.
The only time officers are required to take immigration enforcement action is when
a judge has signed a warrant, but ºÚ°µ±¬ÁÏÍøPD would not typically be involved in immigration
enforcement under normal circumstances. In situations not related to immigration,
officers may inquire about an individual’s country of origin to notify their consulate
of an arrest, but that inquiry does not include questions about immigration status.
Additionally, Illinois state law prohibits law enforcement from acting on federal
detainers or non-judicial immigration warrants, or stopping, arresting, or searching
an individual based solely on citizenship or immigration status (5 ILCS 805/-Illinois
TRUST Act). As of June 21, 2019, the Keep Illinois Families Together Act (5 ILCS 835)
officially prohibits state and local law enforcement in the state of Illinois from
entering into 287(g) agreements with ICE.
|
| Can a student refuse to allow a federal immigration enforcement officer to enter a
residence hall room? |
|
Yes. A residential hall room is considered a limited access area and cannot be legally
accessed by immigration enforcement officers without a valid criminal warrant or the
voluntary consent of the occupant. A student need not allow entry to any law enforcement
officer who is not in possession of a criminal warrant, regardless of what that officer
might say.
|
| Can federal immigration enforcement officers enter my home/apartment? |
|
Not without a criminal warrant or consent. A student’s rights are the same regardless
of whether they live on campus or off campus. A student need not allow entry to any
law enforcement officer who is not in possession of a criminal warrant, regardless
of what that officer might say.
Individuals have a reasonable expectation of privacy in their homes, both on and off
campus. A warrant of removal/deportation (ICE warrant) is a civil or administrative
warrant and is not signed by a judge. Administrative warrants do not authorize officers
to enter a home without consent. If an immigration officer has a civil or administrative
warrant, undocumented students have a personal choice whether to grant consent to
enter their residence. However, if a law enforcement officer has a criminal search
or arrest warrant signed by a judge, the officer does not need consent to enter the
apartment or arrest an individual named in the warrant.
In all cases, individuals have the right to remain silent under the 5th Amendment
of the U.S. Constitution, and do not need to answer questions, or sign or provide
any documents without a lawyer present. Impacted individuals can print this know-your-rights
card created by the Illinois Coalition by Immigrant and Refugee Rights (ICIRR) and
carry it with them anywhere they go.
|
| How are international students and scholars affected when it comes to information
requests? |
|
International students and scholars are affected differently. According to the Department
of Education, the Family Education Rights & Privacy Act (FERPA) permits institutions
to comply with information requests from the Department of Homeland Security (DHS)
in order to comply with the requirements of the SEVP program. However, the information
that can be requested and provided is limited to the categories listed in DHS regulations,
and that request must be made to the Office of Global Engagement. For other information,
international student records are entitled to the same FERPA protection that otherwise
governs student education records in the United States.
If you are not a Designated School Official (DSO), you should refer any DHS or ICE
request for information about an international student to the Office of Global Engagement
at (773) 995- 2582 and Legal Affairs at (773) 995-2462.
|
Are additional resources available?
Yes. Below are additional resources available on campus:
- Office of Global Engagement: geo@csu.edu >or (773) 995-2582, Cordell Reed Student Union Building, Room 268A. Provides general
information regarding the federal international student program.
- Office of Legal Affairs: legal@csu.edu >or (773) 995-2462, Cook Administration Building, Room 318. Provides general information
pertaining to maintaining compliance with immigration-related laws.
- Office of Human Resources: hr@csu.edu or (773) 995-2040. Cook Administration Building, Room 203. Provides general information
regarding the University’s Employee Assistance Program.
- Counseling Center: counselingcenter@csu.edu or (773) 995-2383, Cook Administration Building, Room 131. Provides ºÚ°µ±¬ÁÏÍø students
with support information and services.
- Dean of Student Affairs: deanofstudents@csu.edu >or (773) 995-2478, Cordell Reed Student Union Building, Room 240. Provides support
to students of concern.
- Latino Resource Center: LRC@csu.edu or >(773) 995-2526, Cordell Reed Student Union Building, Room 230A. Provides support
and information to ºÚ°µ±¬ÁÏÍø students.
Below are external resources that are available to the general public:
Legal Background
The and generally prohibits local law enforcement in Illinois from participating in immigration
enforcement.
- Local police cannot stop, arrest, or detain anyone based on their immigration status
or an ICE warrant or hold.
- Local police cannot ask anyone about their immigration status or place of birth
General Law Enforcement
Chicago Police Department (CPD) – Know Your Rights
Illinois Legal Aid Online (ILAO) – Interacting with
National Lawyers Guild Chicago (NLG Chicago) –
Illinois Attorney General’s Office –
Immigration Enforcement
Discrimination
The list of external resources is provided for informational purposes only and not
for the purpose of providing legal advice. ºÚ°µ±¬ÁÏÍø employees should contact the Office
of Legal Affairs to obtain guidance with regard to issues involving the business and
operations of ºÚ°µ±¬ÁÏÍø. Please contact private licensed attorneys for advice regarding
personal situations.
All Rights Reserved