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Immigration Enforcement

Immigration Enforcement

Guidance Related to Immigration Enforcement on OHIO Campuses

This page is intended to provide general guidance for Ohio University’s faculty, staff and students in the event immigration enforcement officers were to visit campus. 

Please note: The below is not legal advice, but rather a set of guiding principles to ensure legal compliance while protecting the privacy rights of our faculty, staff and students. Additionally, Ohio University cannot represent individual students or employees in personal immigration matters, and it is recommended that you consult an immigration attorney.

In the event ICE or another enforcement agent were to visit your residence hall, office, classroom or laboratory, please contact the Ohio University Police Department and the Office of Legal Affairs.
What agencies may be involved in immigration enforcement on campus?

Immigration enforcement officers may include Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), U.S. Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), Bureau of Alcohol, Tobacco, and Firearms (ATF), Drug Enforcement Administration (DEA), and Federal Bureau of Investigation (FBI).

Do immigration enforcement officers have access to campus?

As a public university, OHIO campuses are largely open to the public. Immigration enforcement officers may enter public areas on campus without a warrant. However, public access is limited in certain areas of campus. Limited access areas may include university-owned buildings that require a University-issued ID to enter, including classrooms, faculty and staff offices, laboratories, and residence halls.

OHIO campus community members should never physically interfere with an enforcement action or do anything to put themselves in physical danger. Nor should faculty, staff or students, under any circumstances, obstruct, interfere with or provide false information to ICE officers.  In the event an individual is charged criminally, the University is not able to provide legal representation.

When can immigration enforcement officers enter limited access areas on campus?

Immigration enforcement officers are required to have a criminal judicial warrant or search warrant (i.e., signed by a judge) to lawfully enter limited access areas on campus without consent, such as a residence hall room. 

If officers do not have a criminal judicial warrant, they may come to campus with an administrative warrant, which is not signed by a judge and does not authorize officers to enter limited access areas without consent. Please refer to the Know Your Rights information.

In any event, you should advise the officers that you must contact the Ohio University Police Department at (740) 593-1911 and the Office of Legal Affairs (740) 593-2626.

Are there other reasons immigration officials would be on campus?

Immigration officers may visit campuses for reasons unrelated to enforcement. These reasons may include random inspection of I-9 employment verification records and/or performing administrative site visits for visa compliance reviews.

What if immigration enforcement officers request personally identifiable information or education records about an OHIO student?

The Family Education Rights & Privacy Act (FERPA) protects personally identifiable information (PII) in students’ education records from unauthorized disclosure. Ohio University may not disclose PII in education records without the student’s written consent except in limited circumstances.

Some PII, such as a student’s name and address are directory information, may be disclosed unless a student has requested confidentiality through MyOHIO Student Center. Other PII, such as a student’s class schedule, social security number, date of birth, and place of birth, may not be disclosed unless an exception to FERPA’s privacy requirement applies.

Accordingly, if you receive a request from officers for any information about an OHIO student, please contact the Office of Legal Affairs at (740) 593-2626.

If officers present a subpoena for the requested information, please contact the Office of Legal Affairs immediately. Do not accept service of a subpoena on behalf of the university.

Are there FERPA exceptions for international students and scholars in F-1 and J-1 nonimmigrant status?

OHIO sponsors many international students and scholars in F-1 and J-1 nonimmigrant status. FERPA permits institutions to respond to information requests from the U.S. Department of Homeland Security (DHS) to comply with the requirements of the F-1 and J-1 programs.

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 OHIO’s International Student and Scholar Services (ISSS). ISSS maintains this information in the Student Exchange and Visitor Information System (SEVIS). For other information, international student and scholar records are entitled to the same FERPA protection that otherwise governs student education records.

If you receive a request for information about a student or scholar in F-1 or J-1 status, please contact ISSS at (740) 593-4330.

Who should I contact about my concerns?

If immigration enforcement officers are present in your classroom, office, laboratory, or residence hall, please immediately contact OUPD and the Office of Legal Affairs.

If you are experiencing other non-emergency concerns, you may contact Legal Affairs. Other offices that can assist include:

  • Dean of Students (for students): (740) 593-1800
  • Counseling and Psychological Services: (740) 593-1616
  • Human Resources (for employees): (740) 593-1636

Ohio University will continue to follow all state and federal laws. We will provide additional related guidance and updates via this page as needed. 

ICE Interaction Guide for OHIO Students and Employees

In the event an OHIO faculty member, employee or student would be asked by ICE to grant access to a non-public area of the university (as defined above), they should indicate that they do not have the authority to grant such access and immediately call OUPD at (740) 593-1911 and Legal Affairs at (740) 593-2626 for assistance. 

When encountering any law enforcement official attempting to execute a warrant on campus, verbally indicate that you do not have the authority to give them permission to enter a non-public area or to evaluate the validity of a warrant and call OUPD and Legal Affairs. A sample dialogue is provided below:

University Employee: Can I help you?

ICE Officer: I am from Immigration and Customs Enforcement, and we are looking for [name of individual].

University Employee: I’m sorry, we have been advised to call University police and Legal Affairs to assist law enforcement.

ICE Officer: Can we come in?

University Employee: I’m not authorized to give permission for law enforcement to enter university spaces. I have to call University police and Legal Affairs.

ICE Officer: We have a warrant. [Shows document].

University Employee: I’m not qualified to evaluate that. University police should be here soon, and they can assist.

ICE Officer: Can you tell me if this individual is in the classroom?

University Employee: My instructions are to wait for the University police and Legal Affairs, as they are the representatives from campus who can assist you. [Reminder: Federal student privacy laws prohibit disclosure of student information without student consent].

ICE Officer: We’re coming in to look around. 

In the event the conversation reaches this point, and the ICE officers proceed, individuals must not physically impede the progress of the ICE officers. Individuals are not required to volunteer information, but should never provide false information.  Individuals should not flee or encourage others to leave the area.

Sample dialogue courtesy of The Ohio State University’s Office of Legal Affairs

Know Your Rights

Everyone should be familiar with their rights – both on and off campus. OHIO's International Student and Scholar Services (ISSS)* team recommends that our international student community utilize the important information shared by the American Immigration Lawyers Association (AILA) and its immigration lawyer search tool should they be looking for external counsel.

Additionally, AILA has published the following "Know Your Rights" documents that provide guidance regarding what to do in the event an Immigration and Customs Enforcement officer were to arrive in the area.

Public [PDF]Workplace [PDF]Home [PDF]

*ISSS advises students in F and J status as well as their dependents and scholars in J status only. ISSS recommends speaking with a certified immigration lawyer for help answering questions beyond the scope of their office.