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Student Life separator Campus Safety

Responding

to Federal Immigration Enforcement Actions (ICE) or Inquiries

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This page contains Graceland’s official protocols for responding to all inquiries related to federal immigration enforcement matters.

In response to federal immigration policy and ongoing enforcement activities across the nation, the University has adopted these procedures governing responses to immigration enforcement actions on the Graceland University campus to comply with obligations under FERPA and to remain in compliance with all federal laws and regulations.

These procedures apply to ALL faculty, staff and students.

 

 

About Warrants

Enforcement of federal immigration law is the responsibility of the federal government and is typically carried out by U.S. Immigration and Customs Enforcement (ICE), an agency within the Department of Homeland Security. ICE enforcement actions generally fall into two categories: civil actions, which involve administrative warrants, and criminal actions, which require judicial search warrants. Most enforcement activity on college campuses is civil rather than criminal in nature.

Civil Authority – Administrative Warrant
ICE agents acting under civil authority typically present an administrative warrant (see an example here). An administrative warrant does not authorize entry into nonpublic areas without consent. Nonpublic areas include spaces restricted by swipe-card access or locked entryways, campus housing and residence halls, and areas such as administrative or faculty offices, classrooms, and research facilities.

University personnel are not required to assist ICE agents seeking access to nonpublic areas for civil immigration enforcement, and students are not required to grant consent for ICE agents to enter their residence or dormitory under civil authority.

NOTE: Federal immigration officers, including ICE agents, may come to campus without prior notice to undertake site visits to confirm compliance with, for example, H1-B visa status. Such agents are not required to have a warrant or subpoena to conduct these activities on campus.

Criminal Authority – Judicial Warrant
By contrast, ICE agents or other federal officers acting under criminal authority must possess a judicial search warrant to enter nonpublic areas. In those circumstances, prior consent is not required.

Know the Difference

Administrative Warrant (Civil)

  • Most common on campuses
  • Does not allow entry into nonpublic areas without consent
  • Consent from the university or individual is required

Judicial Warrant (Criminal)

  • Issued by a federal judge
  • Allows entry into nonpublic areas listed
  • Consent is not required
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Procedures

The following steps apply in the event an ICE agent or federal immigration official seeks information or access regarding a member of the Graceland University community, whether faculty, staff, or student.

Remember to….

  • Remain calm and professional
  • Do not confirm or deny the presence of any student, staff, or faculty member
  • Do not give consent for entry into non-public spaces (residence halls, offices, classrooms, etc)
  • Do not share information about the inquiry with unauthorized parties
  • Do not attempt to physically obstruct a Federal official
  • DO NOT interfere if the Federal official presents a judicial warrant. Contact any available EC member immediately.

Immediate Response Steps

  1. Notify Executive Council (EC)
    • Any employee who observes ICE officers on campus should immediately notify a member of the Executive Council.
    • That EC member will alert the rest of the EC via the EC group chat.
  2. Direct ICE Officials to the President’s Office
    • The President’s Office is the only authorized office to receive and respond to warrants or other legal documents from ICE.
    • If the President is not available:
      • Direct officials to the Vice President for Academic Affairs (VPAA).
      • If VPAA is unavailable, direct to the Vice President for Student Life (VPSL).
      • On the Independence campus, direct officials to the Director of Operations
      • If the Director of Operations is unavailable, direct to the Dean of the School of Nursing
  3. Manage the Situation
    • Follow the direction of the President or designated VP.
    • Limit interaction with ICE officials to designated spokesperson(s).
    • Do not volunteer information beyond what is legally required.
    • Do not share information about the ICE presence until released to do so by official channels.

 

The Office of the President (or designated VP) will:

  1. Verify Documentation
    • Only the President (or designated VP) may review and accept a warrant.
    • Staff should not make copies or take photos of ICE documentation without authorization.
  2. Gather Key Personnel
    • Designated EC members and relevant staff should meet in Admin Building, Room G04 and/or via Teams to coordinate the response.
  3. Communicate to Campus
    • Ensure all communications with the campus community and alumni are routed through official channels.
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Release of Information
  • Graceland University does not voluntarily disclose any student information, regardless of immigration or citizenship status, to governmental agencies unless required by a subpoena or court order.
  • Federal immigration enforcement agents or other law enforcement officers must produce a valid subpoena authorizing the disclosure of protected student education records.
  • Any warrant or subpoena must be directed to the Graceland University President, who will consult with the University’s Legal Counsel, if necessary, to assess its validity and scope.
  • The Office of the President has sole authority to determine what information, if any, will be disclosed and whether access to nonpublic areas on campus will be granted.
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FERPA Compliance
  • The disclosure of personally identifiable student information is subject to FERPA and University policy.
  • Personally identifiable information in education records includes:
    • Direct identifiers (e.g., student’s name, identification number)
    • Indirect identifiers (e.g., date of birth, other details, which can be used to distinguish or trace an individual’s identity either directly or indirectly through linkages with other information.)
  • Such information shall not be disclosed unless permitted by law and authorized by the designated official.

Informing the Affected Individual

  • If a student, staff, or faculty member is the subject of the inquiry, the University’s Legal Counsel must be consulted before notifying the individual.
  • If permissible, the individual will be informed of the request and provided with information on their legal rights and available support resources.

Questions?

Contact the Office of the President with any questions or concerns about this procedure.

president@graceland.edu

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