Protect IU from ICE: Know Your Rights
This was originally published in the University Alliance for Racial Justice Newsletter
In light of recent actions by US Immigration and Customs Enforcement (ICE)—the abduction and detention of graduate students Mahmoud Khalil and Rumeysa Öztürk, and the revival of the Alien Enemies Act of 1789 to revoke the immigration status of students and faculty —it is more important than ever to be aware of your rights and responsibilities. Since the University has provided little or no guidance on this matter, the following summary of relevant state and federal law is provided here
Some important things to remember:
Do not ask students or colleagues about their immigration status. You can't reveal information to ICE if you don't have it. This is a rare situation in which it’s better to have less information.
If ICE officers directly confront you in your classroom or other campus spaces, you should refer them to the Office of the Vice President & General Counsel. They have the authority to respond to warrants and subpoenas, not you. Their numbers:
(812) 855-9739 in Bloomington
(317) 274-7460 in Indianapolis
It is a FERPA violation to release information about your students, even to identify whether they are in the room or enrolled in your class.
It is not your responsibility to identify your colleagues or to help find them.
If asked, Indiana law requires that you identify yourself to a law enforcement officer by giving your name, address, and date of birth. You are not required to say anything else.
Do not lie to ICE, but also do not volunteer information. For your personal safety, say something like:
I do not have the authority to deal with this matter. Please contact the Office of the Vice President & General Counsel (provide them with appropriate phone number if needed).
You can wait here.
Unless ICE has a warrant signed by a judge with your name and the current date, you are not required to consent to a search of your body, belongings, or any private spaces (e.g., your office). If agents continue to insist, say:
“I’m sorry, I do not consent to this search,” or
“Am I free to go?” (If the answer is yes, leave immediately.)
All of this advice is compliant with state and federal law. Your students and colleagues are counting on you to protect their constitutional rights. Comply with the law, but don't make assumptions about why ICE is looking for someone.
Some other resources can be found at the ACLU’s website, and the National Immigration Law Center