Frequently Asked Questions - Regarding Federal Immigration and Customs Enforcement Officers on Illinois State University Property

No.

Illinois State is a public institution, and while parts of the campus are open to the general public, much of the University has limited access and is not open to the public, even if not locked during operating hours.

Examples of restricted/limited access facilities include those that require university-issued ID for entry and those with monitored entryways or locked doors, such as university-owned and operated residence halls and apartments, research laboratories, administrative and faculty offices, and classrooms.

It depends.

Illinois State University is a public institution, and parts of the campus are open to the general public while other parts are not. University property that is limited access, and not open to the public (whether or not locked during normal operating hours) include facilities that require university-issued ID for entry, that have monitored entryways or locked doors (e.g., university-owned and operated residence halls and apartments, research laboratories, administrative and faculty offices, classrooms, etc.).

Federal immigration enforcement officers may enter parts of campus without a warrant that are open to the general public.

Federal immigration enforcement officers are required to have a criminal arrest or search warrant (e.g. judicial warrant for search or arrest, signed by a judge) to lawfully enter limited access, nonpublic areas without consent.

Immigration officers who may come to campus are likely to be acting on civil authority with administrative warrants. Since administrative warrants are not signed by a judge, they would not authorize entry to limited access areas.

Examples of university property that is limited access and not open to the public (whether or not locked during normal operating hours) include facilities that require university-issued ID for entry, that have monitored entryways or locked doors (e.g., university owned and operated residence halls and apartments, research laboratories, administrative and faculty offices, classrooms, etc.).

Employees should inform the immigration officer that university procedure requires consultation with Illinois State University Police (ISUPD) for assistance prior to making any decision on access.

University employees should:

1. Ask the immigration officer for their name, ID number, and agency affiliation
2. Then immediately call ISUPD at (309) 438-8631 and report the immigration officer’s presence and request for access, together with the identifying information collected from the officer.

Retain copies of any warrant or other documents provided by the immigration officers in support of their request for access and immediately provide them to ISUPD.

The Illinois TRUST Act, 5 ILCS 805, generally prohibits the participation of immigration enforcement by state and local law enforcement.

The TRUST Act provides that a state law enforcement agency or official shall not detain any individual solely on the basis of any immigration detainer or civil immigration warrant or otherwise comply with an immigration detainer or civil immigration warrant. Similarly, a state law enforcement agency/official may not stop, arrest, search, detain, or continue to detain an individual solely on the basis of an individual’s citizenship or immigration status.

The only time state law enforcement officers are required to take immigration enforcement action is when a judge has signed a criminal warrant (e.g. judicial warrant for search or arrest, signed by a judge). Please note however, ISUPD would not typically be involved in immigration enforcement. 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.

It depends.

A university owned and operated residential hall room/apartment is considered a limited access area and cannot be legally accessed by immigration enforcement officers, except with a valid criminal (not administrative) warrant (e.g. judicial warrant for search or arrest) signed by a judge or the voluntary consent of any occupant(s). A student need not allow entry to any law enforcement officer who is not in possession of a criminal warrant (e.g. judicial warrant for search or arrest, signed by a judge), regardless of what that officer might say.

Not without a criminal warrant (e.g. judicial warrant for search or arrest, signed by a judge) or the voluntary consent of any occupant(s).

Individuals, including students, have a reasonable expectation of privacy in their homes, whether on or off campus. Residents of a home may choose whether to grant consent to enter their residence to any law enforcement officer who is in possession of an administrative/civil warrant (a U.S. Immigration and Customs Enforcement (ICE) warrant of removal/deportation is an administrative/civil warrant not signed by a judge. Administrative warrants do not authorize officers to enter a home without consent).

However, if an immigration enforcement officer has a criminal search or criminal arrest warrant signed by a judge (also known as judicial warrant for search or arrest), the officer does not need consent of a resident to enter the apartment or to 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. Illinois State University provides informational legal support resources for students through the Students’ Attorney in the Dean of Students Office.

University employees should forward any request by a federal officer for student information to the Office of General Counsel (OGC) at generalcounsel@IllinoisState.edu for response by that office. If the request is made outside of university business hours (8 a.m.-4:30 p.m.), then the employee should also notify ISUPD at (309) 438-8631 and report the immigration officer’s presence and request for student information.

As a general rule, colleges and universities are not obligated to comply with requests by officials for institutional records without a subpoena or warrant. Under the Family Education Rights and Privacy Act (FERPA), a valid legal subpoena, warrant, or court order is typically required for nonconsensual access to a student’s education records. However, exceptions explicitly allow access to some students’ records.

Institutions like ISU participating in the Student and Exchange Visitor Program (SEVP) are subject to onsite review at any time. An ICE field representative visiting such a campus has the authority to ask for information about students on temporary student and training visas (F and J) administered by or present at the institution, but currently not about DACA or undocumented students.

While FERPA restricts access to defined “education records” (but not to employee records) without a student’s consent, students on temporary F or J visas have largely waived their rights under FERPA through the visa process. In addition, institutions agree to grant access to certain employment-related information by signing H-1B, O-1 and other temporary visa petitions.

International students and scholars are affected by the Family Education Rights and Privacy Act (FERPA) differently because the University’s Designated School Official (DSO) may be required by law to provide personally identifiable student information to government officials without student consent, warrant, and/or subpoena.

According to the Department of Education, FERPA permits institutions to comply with information requests from the Department of Homeland Security (DHS) for purposes of complying with the requirements of the Student and Exchange Visitor Program (SEVP) program. However, the information requested for the SEVP program is limited to the categories listed in DHS regulations, and the request must be made to a campus DSO within the International Student and Scholar Services Office.

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 DSO, you should refer any DHS or ICE request for information about an international student to the Office of General Counsel (OGC) at generalcounsel@IllinoisState.edu.

Yes.

Additional information is available at the following university websites:

• Undocumented Students, DACA, or Dreamers | Illinois State
• International Student FAQ | Office of International Engagement | Illinois State
• Recruiting and Hiring Employees | Human Resources | Illinois State

Yes.

The following websites are non-university resources:

• Legal Services | The Immigration Project
• Immigration Law Clinic – University of Illinois College of Law
• Immigrants’ Rights Clinic | University of Chicago Law School
• Refugee, Asylum, and Immigration Law | UIC Law | University of Illinois Chicago
• Immigrants' Rights | American Civil Liberties Union
• The National Immigration Law Center: Home
• Illinois Coalition for Immigrant and Refugee Rights
• Illinois Student Assistance Commission
• Know Your Rights English