U.S. law grants federal immigration authorities the power to arrest and detain people who are trying to enter the U.S. or are suspected of being in the U.S. illegally. Immigration and Customs Enforcement (ICE) officers are part of the Department of Homeland Security. They are charged with arresting and detaining people who are trying to enter the U.S. or are suspected of being in the U.S. illegally. ICE may arrest non-citizens for alleged immigration violations. Federal law grants arrest authority without a warrant to immigration officials if they have "reason to believe that the alien ... is in the United States in violation of any [immigration] law or regulation and is likely to escape before a warrant can be obtained for his arrest."
Furthermore, almost all colleges and universities in New York, including Nazareth, fall under the broad jurisdiction of the U.S. Customs and Border Protection (CBP) agency, which has extensive enforcement powers within 100 miles of the U.S. border.
Although Nazareth is a private institution, our grounds are considered publicly accessible. ICE/CBP have the right to come onto our campus.
The university maintains no listing of students or employees (including contract/vendor employees) whose immigration documentation may be incomplete. Further, Nazareth Campus Safety does not have access to, and does not consider, the immigration status of the students and employees it deals with day to day. We do not ask for documents related to immigration at any time.
If ICE/CBP were to arrive on campus, we expect that they will contact Campus Safety (please see "What should I do if contacted or approached by ICE/CBP on campus?" for what to do if Campus Safety is not contacted first) and work in concert with Campus Safety in locating a person they wish to speak with. Campus Safety will always ask to see a properly executed warrant before providing any information. Campus Safety will not divulge documents – including class schedules or other student education-related documents – that are protected by the Federal Education Rights Privacy Act (FERPA). Any ICE/CBP inquiries regarding employees who work at Nazareth on behalf of outside vendors, or who are contract workers, will be referred to those individuals’ employers.
If ICE or CBP provide Campus Safety with a properly executed warrant for a certain person at a certain location, Campus Safety will comply with federal law and will accompany ICE/CBP to the location listed on the warrant.
First, remain calm and professional. Stay composed to avoid escalating the situation. Then you should:
A. Direct ICE Agents to the Appropriate Contact
B. Request Identification and Documentation
Politely ask the ICE/CBP agent for:
C. Protect Student and Employee Privacy
Before making any decisions follow the steps in "What should I do if contacted or approached by ICE/CBP on campus?" Campus Safety will determine If ICE/CBP has a properly executed warrant listing the correct location of the class/office and the name of the student/employee. If they do, we must allow ICE/CBP to approach the student/employee. But the student/employee need not answer any questions without having an attorney present. (See "Must a Nazareth student or employee talk with ICE/CBP when approached?")
It is unlikely that ICE/CBP will arrive at a classroom or office without a warrant, because the officer likely will have shown it to Campus Safety first. But if ICE/CBP has no warrant upon arrival, you may ask ICE/CBP to wait until Campus Safety can be called. Then, you should call Campus Safety at 585-389-2850 and await their arrival.
No. Anyone stopped or detained by ICE can request that an attorney be present or choose to invoke the right to remain silent. Detained people also may not be forced to provide a fingerprint scan. No one should attempt to flee. Attempting to run away from the interview could give ICE/CBP independent grounds to detain you without a warrant.
Not necessarily. Some sources advise that a detained person should simply ask to leave, noting that ICE/CBP cannot detain anyone without a warrant unless they suspect a crime has taken place. ICE/CBP, though, would respond that a person’s suspected undocumented presence in the United States is a crime falling within their authority.
Here are the details: If ICE/CBP has “reason to believe that an alien ... is in the United States in violation of any [immigration] law or regulation and is likely to escape before a warrant can be obtained for his arrest,” ICE/CBP can detain a person without a warrant for 72 hours, or longer “in the event of emergency or other extraordinary circumstance.” By the end of this time, ICE/CBP must determine whether they will keep the individual detained. But if, when a person is approached by ICE/CBP, there is no “reason to believe that the alien ... is in the United States in violation of any [immigration] law or regulation [or] is likely to escape before a warrant can be obtained for his arrest,” then a warrant is required, and you may ask to see it. The warrant must be signed by a judge, have the name of the location where ICE/CBP is seeking to gain entry, and a detailed description of where they will look for a subject.
If you’re a U.S. citizen, ICE/CBP has no reason to detain you, but that doesn’t mean they won’t ask to see proof of citizenship. U.S. citizens always should tell immigration authorities they are citizens. Although citizens cannot be detained, a person can be detained if citizenship can't be quickly proved with a passport, voter ID card, birth certificate, or other documentation. Thus, citizens should be prepared to discuss or show proof of citizenship.
If you’re not a U.S. citizen, but are a legal resident in the U.S., you may want to carry your documents or copies of your documents with you. It is also advised that you not carry passports or citizenship documentation from other countries, as these could be misinterpreted.
Yes. You can record or write down details of the interview. Be sure to write down the interrogating officers’ names and badge numbers.
It is recommended that anyone detained by ICE/CBP not sign any documents outside the presence of a lawyer. Such documents could constitute waivers of court appearances, and similar documents, that the detained person may not understand at first. Do not sign anything until your lawyer arrives.
Be truthful. Lying to federal agents is, in and of itself, a crime. Be honest and clear in your responses. Do not feel the need to answer every question. If you do not know the answer to a question, state that you do not know. And again, no one is under any obligation to speak with ICE/CBP at all without an attorney. You may choose to not answer any questions, invoke your right to remain silent, and ask to speak with an attorney.
If a student or employee comes to you with concerns:
If you are concerned about a student you see who needs support, you can make a referral to the NazCares Team.