Winter 2025 Are federal immigration enforcement officers allowed to enter campuses and make arests?

Federal immigration officers from ICE, U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS), or other agencies may come to campuses for different reasons, including apprehending individuals, requesting information or records on individuals, conducting unannounced visits to inspect I-9 employment verification records, and/or performing administrative site visits for visa compliance reviews. These unannounced visits can be stressful, and campus community members may feel pressure to comp

ly with all requests, even when such actions are not required or legally mandated. Therefore, it is crucial for all members of the campus community, including staff, faculty, and students, to understand their rights and responsibilities when interacting with ICE or other federal immigration officers.

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. If a campus staff member provides consent, federal immigration officers may be permitted to take enforcement action in nonpublic spaces, even if that staff member is not an authorized campus official. Therefore, it is crucial that all campus staff understand their responsibilities and know who to contact if a federal immigration officer requests access to such areas.

NOTE: On January 23, 2025, the Department of Homeland Security issued a directive granting certain law enforcement components of the Department of Justice, such as the U.S. Marshals, authority to carry out immigration enforcement functions. These agencies are subject to the same laws and regulations as ICE.

Source:

Cornell Law School, Penn State Dickinson Law, Center for Immigrants' Rights Clinic, Presidents Alliance on Higher Education and Immigration | presidentsalliance.org | February, 2025

Edition 03/05/2025