Agents Conducting Immigration Enforcement

Procedure for Calls or Visits by Federal, State or Local Law Enforcement Agents Conducting Immigration Enforcement at Southern Illinois University Carbondale and SIU School of Medicine property

This document outlines the steps for SIUC and SOM faculty and staff to follow if Immigration and Customs Enforcement (ICE) federal agents or any other federal, State, or local law enforcement, except the SIU Department of Public Safety come to campus. This does not constitute legal advice but is meant to provide guidance to the campus community to ensure legal compliance while protecting the rights and privacy of students, staff and faculty. These Procedures are adopted in compliance with Section 18 of the Public Higher Education Act, 110 ILCS 167/18.

Steps to Take When Contacted by Immigration Customs Enforcement or any other external federal, State, or local law enforcement related to immigration enforcement.

Remain Calm and Professional.
1. Stay composed and avoid escalating the
Request Identification and Documentation to ensure the person is an authorized federal immigration officer or other authorized law enforcement officer.
1. Politely request the agent’s or officer’s name and agency
Inform the agent or officer that SIU protocol requires you to consult with SIU’s Department of Public Safety for assistance.
1. Inform the agent that you are consulting with the appropriate campus personnel who will be able to answer their questions and that you are not obstructing the process.
2. Contact the SIU Department of Public Safety at (618) 453-3771 for the Carbondale campus location or (217) 545-7777 for other SOM locations.
3. SIU Department of Public Safety will work directly with the agent or officer.
4. SIU Department of Public Safety will consult with the Office of General Counsel as
Protect Student and Employee Privacy.
1. Please do not answer questions or provide personally identifiable information about others unless told to do so by SIU Department of Public Safety or a member of the Office of General Counsel. If you receive a subpoena or nonjudicial warrant, contact the Office of General Counsel for assistance prior to providing a response. Examples of personally identifiable information may include and are not limited to name, contact information, class lists, student schedules, etc.
2. Ensure compliance with all relevant laws, including but not limited to HIPAA (the Health Insurance Portability and Accountability Act) and FERPA (the Family Educational Rights and Privacy Act) regulations, as
Additional Support is Available for You.
1. The Employee Assistance Program. Please contact Human Resources for more information on how to access this benefit.
2. For SOM personnel, Personal Wellness & Support Resources located on the Hive
Training.
1. SIU does not impede any student or employee from offering, attending, or participating in training on constitutional rights and immigration-related guidance, including but not limited to, attending a know-your-rights training or sharing know-your-rights flyers.

Frequently Asked Questions

Can SIU prevent federal ICE agents or other federal or State law enforcement from coming onto campus or entering campus buildings and other SIU property?

As a public university, SIUC and SOM welcome the public to a significant portion of its campus. However, access is restricted or limited in certain non-public areas due to privacy concerns, operational needs, or safety considerations. External agents or officers are subject to these same access restrictions and must adhere to legally established parameters when entering non-public spaces.

Further, SIU personnel may not impede or obstruct the work of lawfully authorized federal immigration officers or other law enforcement.

It is important to note that ICE, federal Department of Homeland Security officials, or other law enforcement may be on campus for reasons unrelated to enforcement actions such as career recruitment events and guest lectures.

Due to our international programs, SIUC and SOM must report certain information about students and employees. This reporting is routine, and the SIU will continue to comply with on-site visits to review records when requested.

In what situations can federal immigration enforcement officers enter limited access and restricted access areas, including residence halls?

Federal immigration enforcement officers are required to have a criminal arrest or search warrant to lawfully enter restricted access, nonpublic areas without consent. Most often, immigration officers who might come to campus would be acting on civil, not criminal, authority, and generally carry administrative warrants. Administrative warrants are not signed by a judge and do not authorize officers to enter restricted access areas without consent.

Access Categories

Access Category	Description	Examples
Public Access	Areas open to the general public where entry is not restricted or limited. These spaces are freely accessible and may include outdoor and common-use areas.	Library commons areas, general common areas, public walkways, most hallways in clinical and academic buildings, dining areas open to the public, unrestricted access buildings and streets.
Limited access	Spaces are generally left unlocked during work hours but are not considered public due to their function. Access to these areas may require special permission or operational needs.	Some faculty and staff offices, public facing administrative offices, classrooms in session, residence hall lobby areas, locker rooms, kitchens, food preparation areas, maintenance areas, storage rooms and other operational facilities.
Restricted Access	Areas that require a key card, locked doors, or monitored entryways for access are protected to maintain safety and privacy.	Locked classrooms, private offices, restricted research laboratories, clinical patient areas, residence halls/apartments.

Access Category

Description

Examples

Public Access

Areas open to the general public where entry is not restricted or limited. These spaces are freely accessible and may include outdoor

and common-use areas.

Library commons areas, general common areas, public walkways, most hallways in clinical and academic buildings, dining areas open to the public, unrestricted access buildings and streets.

Limited access

Spaces are generally left unlocked during work hours but are not considered public due to their function. Access to these areas may require special permission or

operational needs.

Some faculty and staff offices, public facing administrative offices, classrooms in session, residence hall lobby areas, locker rooms, kitchens, food preparation areas, maintenance areas, storage rooms and other operational facilities.

Restricted Access

Areas that require a key card, locked doors, or monitored entryways for access are protected to maintain safety and privacy.

Locked classrooms, private offices, restricted research laboratories, clinical patient areas, residence halls/apartments.

I am an employee. If an immigration enforcement officer or other law enforcement officer requests personally identifiable information about a student, employee, or patient, am I obligated to provide the requested information?

An employee may choose to voluntarily speak with a federal official or other law enforcement officer and may choose to provide their own personal information to such official if they wish to do so. Also, pursuant to First Amendment principles, an employee may speak with federal officials on matters of public concern. Lawful communication will not result in adverse employment action for employees. However, an employee may not provide personally identifiable confidential information regarding others, without appropriate procedures being followed.

Personally identifiable educational records are protected by the federal Family Educational Rights & Privacy Act (FERPA), and student or employee health records are protected by various privacy laws including the Health Insurance Privacy and Accountability Act (HIPAA), the Americans with Disabilities Act (ADA), and several state laws. SIU employees are required to maintain the confidentiality of these records.

If you receive a request for personally identifiable information or documents, or if a federal immigration enforcement officer or other law enforcement officer gives you a warrant or subpoena seeking such records, ask the officer for their name, and agency affiliation; ask for a copy of any warrant or subpoena presented; inform the officer that you are not obstructing the process but in accordance with SIU protocol you must contact the SIU Department of Public Safety at (618) 453-3771 for the Carbondale campus or at (217) 545-7777 for all other SOM locations, and/or the Office of General Counsel at (618) 453-2219 or (217) 545-9362 for assistance.

Federal enforcement officers or other law enforcement officers will not request information by phone, and protected information should not be provided in this manner.

What if I receive an email, digital message, or paper-based inquiry from someone seeking immigration related information about a student, employee, or patient?

Should you receive a request for information from an external party that is outside of your normal interactions via email, other digital platforms, or through hard-copy documents, please contact the SIU Department of Public Safety at (618) 453-3771 for the Carbondale campus or at (217) 545-7777 for all other SOM locations. In addition, please call the Office of General Counsel for further instructions at (618) 453-2219 for the Carbondale location or (217) 545-9362. Please refrain from responding yourself unless otherwise directed to do so by the Office of General Counsel.

Will the SIU Department of Public Safety work with federal immigration officers to apprehend and remove individuals from campus?

No. The SIU Department of Public Safety will not ask anyone about their immigration status, and SIU Department of Public Safety does not arrest anyone solely on the basis of their immigration status. SIU Department of Public Safety does not act on detainers issued by Immigration and Customs Enforcement (ICE).

The only time officers are required to take immigration enforcement action is when a judge has signed a warrant, but SIU Department of Public Safety would not typically be involved in immigration enforcement under normal circumstances. In other situations, not related to immigration, officers may inquire about an individual’s country of origin to notify their consulate of an arrest, but that inquiry does not include questions about immigration status.

Additional Resources

Illinois state law prohibits local law enforcement from acting on federal detainers or stopping, arresting, or searching an individual based solely on immigration status. Additional information regarding the Illinois TRUST Act and the Illinois VOICES Act is available from the Illinois Attorney General www.illinoisattorneygeneral.gov/Safer-Communities/Resources-for-Law-Enforcement/Law-Enforcement-Guidance.

You may also want to review the following website: Illinois Immigration Info

For more SIU Department of Public Safety information, please see police.siu.edu/faq or sompolice.siu.edu/faq.php