Protocols for Contact from Immigration and Customs Enforcement

Policy Statement

It is essential for the university to have a consistent set of protocols to serve as a guide when responding to government inquiries. In light of the revised Executive Order, as well as heightened attention to undocumented immigrants living in the United States, the following set of protocols are designed to guide the university community in the event they are contacted by Immigration and Customs Enforcement Officers (ICE) or other governmental agents.

Reason for Policy

President Trump issued two Executive Orders and one Proclamation in an effort to restricting entry of certain foreign nationals into the United States. Each of these Executive Orders were enjoined by federal courts and have since expired. The new proclamation is set to take effect October 18, 2017. Adelphi University, through its DACA, International, and Immigration Task Force, is committed to monitoring such orders and related policies and their effect on campus climate.

Who Is Governed by this Policy

Faculty, Staff and Students

Policy

If contacted by an ICE agent or other law enforcement agent seeking information about or access to a student, faculty or staff, refer the agent to the Executive Vice President for Finance and Administration (or designee/Chief Administrative Officer).

1. If you receive a phone call, follow the protocol above, but also record the data and time of the call, as well as the agent’s name.
2. The Executive Vice President will ask that the agent:
   1. Provide a reason for the inquiry
   2. Provide evidence of authorization (i.e., judicial or administrative subpoena or warrant)
   3. Explain whether or not the sensitive locations policy has been followed
3. The Executive Vice President will immediately contact Adelphi University Legal Counsel (no action will be taken prior to consultation with and response from Legal Counsel).
4. In the event that the agent(s) produces a subpoena or warrant, that document must be provided to Legal Counsel to determine validity and scope of the warrant.
5. Once Legal Counsel verifies the warrant, the Executive Vice President, in consultation with the Adelphi University President, will be the sole authority to determine whether to provide information to the agents or to allow access to campus areas not open to the general public.
6. If a letter or other correspondence is received from the agent(s), or the FISA Court, forward it to the Executive Vice President for Finance and Administration (or designee). Do not respond on your own.
7. Information regarding a person’s immigration status will be released only if required by legal mandate.
8. Without a legal mandate, there will be no enforcement of federal immigration laws.

Definitions

This policy does not have definitions associated with it at this time. Upon periodic policy review this area will be evaluated to determine if additional information is needed to supplement the policy.

Forms

This policy does not have forms associated with it at this time. Upon periodic policy review this area will be evaluated to determine if additional information is needed to supplement the policy.

Related Information

This policy does not have related information at this time. Upon periodic policy review this area will be evaluated to determine if additional information is needed to supplement the policy.

Document History

• Last Reviewed Date: April 5, 2017
• Last Revised Date: April 5, 2017
• Policy Origination Date: April 5, 2017

Who Approved This Policy

Executive Leadership Team