Responding to Federal Immigration Enforcement Actions or Inquiries

Policy Statement

Adelphi University, consistent with its mission, vision, and values, and seeking to promote and foster the safety and well-being of students and the campus community, must adhere to a common set of protocols for responding to federal immigration enforcement actions that is compliant with relevant law while meeting its educational mission to serve students. This Policy establishes a common set of protocols for responding to all inquiries related to federal immigration enforcement matters.

Reason for Policy

The Adelphi University’s International, and Immigration Task Force monitors federal immigration policy and enforcement and its effect on the campus community. In anticipation of changes to federal immigration policy and enforcement activity, the University has adopted this policy governing responses to immigration enforcement actions on the Adelphi University campus to comply with obligations under FERPA and to remain in compliance with all federal laws and regulations.

Who Is Governed by this Policy

This policy applies to faculty, staff, and students.

Policy

Enforcement of federal immigration policy is the responsibility of the federal government. Such enforcement activities are generally carried out by Immigration and Customs Enforcement (ICE), an investigatory agency within the United States Department of Homeland Security. ICE agents may seek to undertake immigration enforcement actions on campus. Most often, such enforcement actions would be civil (rather than criminal) in nature. It is important to note that ICE agents acting on civil authority will likely possess an administrative warrant (defined below), and are not authorized to enter nonpublic areas without consent. This includes, for example, campus locations in which access is restricted by swipe card, locked entryways, campus housing and dormitories, but also locations such as administrative or faculty offices, classrooms, research facilities, etc. University personnel are not required to assist federal immigration officers, including ICE agents, seeking to access such areas for purposes of civil immigrant enforcement actions. Likewise, students need not grant consent for ICE agents acting on civil authority to access their residence or dormitory. Any ICE agents or federal officers that are instead acting on criminal authority must have obtained a judicial search warrant (defined below) to enter nonpublic spaces, in which case prior consent to access such nonpublic spaces is not required. An example of an ICE administrative warrant requiring consent to access nonpublic spaces may be accessed here. If an ICE agent presents such an administrative warrant, note that the warrant does not authorize the agent to enter nonpublic areas without consent. ¹

Procedures

ICE agents may seek to undertake immigration enforcement actions on campus. The following steps apply whenever an ICE agent or federal immigration official seeks information or access regarding a member of the Adelphi University community, whether faculty, staff, or student.²

Know What To Do

1. Remain calm and professional
2. Do not confirm or deny the presence of any student, staff, or faculty member
3. Do not give consent for entry into non-public spaces, which include: a campus residence, administrative or faculty office, classrooms and research facilities, and any space where access is restricted by an ID card, locked entryways, and campus housing.
4. Obtain the agent’s name, agency affiliation, badge number, and contact information.
5. Note the date, time, and location of the interaction
6. Direct the agent to the Public Safety
7. Immediately notify Campus Public Safety
8. Never interfere with ICE agents if they present a judicial warrant.
9. Do not share information about the inquiry with unauthorized parties

The Vice President of Finance / Vice President of Facilities and Information Technology will:

1. Determine the Nature of the Request
   • Identify the requesting party, including:
     • Name of the agent(s)
     • Agency affiliation
     • Badge number
     • Contact information
   • Determine the specific student information being requested.
   • Request and review any warrant, subpoena, or official documentation.
   • Assess whether the request pertains to FERPA-protected education records.
2. Release of Information
   • Adelphi 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 Vice President of Finance / Vice President of Facilities and Information Technology, who will consult with the University’s Legal Counsel, if necessary, to assess its validity and scope.
   • The Vice President of Finance / Vice President of Facilities and Information Technology has sole authority to determine what information, if any, will be disclosed and whether access to nonpublic areas on campus will be granted.
3. 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.
4. Informing the Affected Individual
   • If a student, staff, or faculty member is the subject of the inquiry, the University’s General 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.
5. Adelphi Satellite Locations – Access to campus locations other than Garden City, NY are controlled by independent security. Prior to granting access to any Federal Immigration Enforcement Agency, the identified security must first contact Adelphi Public Safety at 516. 877.3511 for authorization.
   • New York City–Brooklyn Center
     • 179 Livingston Street, Brooklyn, NY 11201-5867
     • Security Type: Managed by St. Francis School Security
     • Telephone: 718.489.2100 or 718.489.2105
     • Security Manager: Neville Chichester, Cell 917.992.5255
   • Hauppauge Center
     • 150 Motor Pkwy, Suite 100, Hauppauge, NY 11788
     • Security Type: Managed by Arrow Security
     • Telephone: 516.237.8605
     • Security Manager: Sean Walsh, Regional VP, LI Operations. 516.526.1606 or swalsh@arrowsecurity.com
     • Contract Guard: Jahson Mitchell, Cell 516.494.9903
   • Hudson Valley Center
     • 19 Baker Avenue, Suite 400, Poughkeepsie, NY 12601
     • Security Type: Managed by Arrow Security
     • Security Manager: Jude Murphy, 646.995.8889, jmurphy@arrowsecurity.com
     • Contract guard: Steve Leechow 845.471.3348, ext. 6788

¹         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.

²         University personnel may inform ICE agents that they must follow these steps as a matter of University policy, and that they are not obstructing the agent’s enforcement efforts. (Interfering with an investigation/arrest of an individual subject to law enforcement activity is prohibited

Definitions

Administrative Warrant

Often referred to as a “Warrant of Removal/Deportation” in the Immigration and Customs Enforcement context, an administrative warrant names an individual potentially subject to deportation as a non-citizen and directs ICE agents to apprehend the named individual. An administrative warrant does not grant an ICE agent authority to enter nonpublic spaces to execute the warrant. Additionally, an administrative warrant does not compel/authorize local law enforcement to act on the warrant. These administrative documents are not signed by a neutral magistrate or judge but rather an immigration officer like an ICE agent or immigration judge.

• An ICE administrative warrant is NOT a judicial warrant.
• ICE administrative warrants do not give ICE officials authority to enter nonpublic areas (see below) without consent.
• University personnel are not required to assist with access.
• Students are not obligated to grant entry to their residence or dormitory.

Judicial Warrant

A judicial warrant is signed by a judge and specifies with detail the area to be searched or individual to be apprehended. A judicial warrant may authorize either a search or an arrest. With a judicial search warrant, prior consent to access private spaces specified in the warrant is not required.

A judicial warrant will:

• Specify the specific address to be searched.
• Specify the time period in which the search must take place.
• Particularly describe the place or person, or both, to be searched and things to be seized.
• Be issued by a court and signed by a Judge or magistrate.
• If ICE agents present a judicial warrant, prior consent is not required, and they may enter nonpublic areas.

 Nonpublic Areas

This includes campus locations in which access is restricted by swipe card, locked entryways, campus housing and dormitories, but also locations such as administrative or faculty offices, classrooms, research facilities, etc.

Public Areas

This includes spaces open to the general public, such as lobbies, open campus grounds, and dining areas.

Forms

There are no forms associated with this policy at this time.

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: January 1, 2025
• Last Revised Date: February 5, 2025
• Policy Origination Date: April 5, 2017

Who Approved This Policy

Executive Leadership Team