To the 51³Ô¹ÏÍøÍòÄÜ¿Æ´ó Community,
The University Police Department (UPD) is providing the following FAQs to update the university community on some common questions we’ve received related to federal immigration enforcement, and their authority to come on campus. It’s important for all of us to understand our rights and the principles of the law regardless of anyone’s immigration status.
Also, the university has immigration resources for those in need. For example, the University Legal Services program, part of the Boyd School of Law, offers free immigration legal services, including DACA assistance, to current students, staff, and their families. The clinic also helps students and others navigate immigration laws and processes.
Please do not hesitate to reach out to UPD if we can be of assistance.
Sincerely,
Arnold Vasquez
Chief of Police
University Police Department - Southern Command
FAQs on Rights, Responsibilities Regarding Federal Immigration Enforcement
Q: Is ICE allowed to come on campus to enforce immigration violations?
A: Just like any other law enforcement agency, U.S. Immigration and Customs Enforcement (ICE) is not prohibited from being on campus in open areas, however they do not generally have unrestricted access to non-public areas of campus such as private rooms inside residence halls.
Q: What should faculty and staff do if ICE agents, immigration officer(s), or federal officer(s) are on campus?
A: Do not interfere with their operation, however you have the right to ask for identification. As a best practice, law enforcement officers, including federal officers, will be attired in uniform clearly identifying themselves as officers with a badge or identification prominently displayed. It is appropriate to ask for the immigration agent’s credentials and ask to see a warrant signed by a federal or state judge.
Q: How should faculty and staff respond to judicial arrest or search warrants for members of the campus community?
A: In order for ICE agents to seek out individuals on campus, they will need to obtain information of the student, staff or faculty member’s whereabouts. Information such as this is protected by Family Education Rights and Privacy Act (FERPA), employment laws and/or the 4th Amendment of the U.S. Constitution.
Absent exigent circumstances or a judicial subpoena or warrant (signed by a federal or state judge), no law enforcement official is able to search for or demand such information or records be turned over. Therefore, if you encounter this on campus, you have the right to ask the agent for proper identification, inquire as to their purpose on campus, and notify UPD.
Obtain any documentation from the federal officer, such as a subpoena, search warrant or arrest warrant.
UPD officers will respond to vet the agent’s identity and work in conjunction with the Office of General Counsel to validate the lawful purpose for their visit. If the Office of General Counsel advises against providing access or information, inform the federal officer you have been told that you cannot comply with the request for access. Again, do not physically attempt to interfere with any enforcement action.
Q: What is UPD’s role in relation to immigration status and/or level of cooperation with immigration agents?
A: UPD does not ask anyone about their immigration status, and does not arrest anyone solely on the basis of their immigration status. University police do not act on immigration detainers issued by ICE. However, if ICE does present a valid judicial warrant, specifically a criminal warrant signed by a state or federal judge (not an administrative warrant signed by a Department of Homeland Security official based solely on immigration status), university police would assist in the same manner as it would with any other law enforcement agency.
While the current status of local ICE or other immigration officers’ intent to come on campus is uncertain, please rest assured that we are actively monitoring the situation and will coordinate with the appropriate agencies to reach an understanding that immigration officer(s) will not come on campus unannounced or without first notifying UPD.
We are committed to keeping you informed as we receive additional information. If you have any immediate questions or need further clarification, please do not hesitate to contact UPD at:
Dial 9-1-1 in the event of an emergency, or UPD Emergency at (702) 895-3669, or UPD Non-emergency at (702) 895-3668, or Contact UPD via the RebelSafe app from your cell phone.