Frequently Asked Questions Related to Immigration and Customs Enforcement Officers on DePaul University Property

Parts of DePaul University are open to the public. Federal ICE officers may enter these areas without a warrant like anyone else.

Not all areas of DePaul, however, allow access to the public. ICE officers cannot access campus buildings in which access is restricted by University-issued ID card, locked doors, or monitored entryways without being granted access by someone at DePaul. For example, ICE officers would not be allowed to enter residence halls, classrooms in use, or faculty offices unless the officers were granted access.

ICE officers are required to have a criminal arrest warrant or search warrant to lawfully enter limited access, nonpublic areas without consent. Frequently, ICE officers who come to campus are 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 limited access areas without consent.

It is important to note that ICE officers may be on campus for reasons unrelated to enforcement actions. DePaul admits many international students and hires international faculty and staff. On occasion, ICE officers conduct on-site visits to review records regarding the visas granted to our international students, faculty and staff. DePaul fully complies with these visits as required by law. 

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If an ICE officer asks for access to a limited access area, you should:

1. Inform the officer that you must consult DePaul's Office of General Counsel and Public Safety before granting access.
2. Ask the officer to wait in the nearest common area.
3. Immediately call Public Safety at (773) 325-7777 (Lincoln Park) or (312) 362-8400 (Loop) or the General Counsel at (312) 362-8865.
4. If instructed to do so by the Office of General Counsel or Public Safety, ask the officer for their name, identification number, agency affiliation, and whether they have a warrant.

Anyone who learns that a student was detained by ICE should immediately contact James Dorsett at (312) 362-5171 or Gretchen Frickx at (312) 362-6595. Anyone who learns that a DePaul community member other than a student was detained by ICE should immediately contact Bob Wachowski at (773) 325-7762.

DePaul's Public Safety Office does not ask anyone about their immigration status and does not create or maintain any records relating to the immigration status of members of the DePaul community. DePaul's Public Safety Office would assist to enforce a valid criminal warrant from any law enforcement agency, including ICE. Criminal warrants are issued when probable cause exists to believe the named subject in the warrant has committed a crime. 

Yes. A residential hall room is considered a limited access area and cannot be legally accessed by ICE officers without a valid criminal warrant or the voluntary consent of the occupant. A student need not allow entry to any law enforcement officer who is not in possession of a criminal warrant, regardless of what that officer might say.

A student's rights are the same regardless of whether they live on campus or off campus. Individuals have a reasonable expectation of privacy in their homes, both on and off campus.

ICE officers may have a warrant of removal/deportation (ICE warrant). This is a civil or administrative warrant that is not signed by a judge. It does not authorize officers to enter residence halls, apartments, or homes without consent. If an immigration officer has a civil or administrative warrant, students have a personal choice whether to grant consent to enter their residence. However, if a law enforcement officer has a criminal search or arrest warrant signed by a judge, then the officer does not need consent to enter or arrest an individual named in the warrant.

In all cases, individuals have the right to remain silent under the 5th Amendment of the U.S. Constitution, and do not need to answer questions, or sign or provide any documents without a lawyer present.

Employees who receive a request from an ICE officer for any information should contact the Office of General Counsel immediately for assistance. Under DePaul's Response to Legal Inquiries policy, the Office of the General Counsel handles the release of all records to third parties in compliance with properly served subpoenas, summons, or other legal requests.

Personally identifiable educational and University health records are protected by a variety of privacy laws including the Family Education Rights & Privacy Act (FERPA). As a University employee, you are required to maintain the confidentiality of these records.

International students and scholars are affected differently. According to the Department of Education, the Family Education Rights & Privacy Act (FERPA) permits institutions to comply with information requests from the Department of Homeland Security in order to comply with the requirements of the program. However, the information that can be requested and provided is limited to the categories listed in DHS regulations, and that request must be made to a University Principal Designated School Official (PDSO). For other information, international student records are entitled to the same FERPA protection that otherwise governs student education records in the United States.

If an ICE officer asks whether an individual works at DePaul or is present on that day you are not required to answer.

Regardless of the types of documents or information sought, you should not provide any documents or information unless instructed to by the Office of General Counsel. Inform any officer requesting documents or information that you are not obstructing their process, but need to contact DePaul's legal counsel for assistance, and call (312) 362-8865 for instructions on responding to the request. 

International Student and Scholar Services published a website with guidance for students regarding immigration enforcement in Chicago, which includes ways international students can protect themselves.

DePaul has the following services available on campus:

• International Student & Scholar Services can assist with travel, visa and immigration advice to all F1 and J1 non-immigrant students.
  
  
• University Counseling & Psychological Services offers free, confidential, individual, and group counseling services for DePaul students. It also collaborates with faculty, staff, family, and friends who want to support student care, and offers psychoeducational workshops and presentations for a variety of topics including stress management.
  
  
• The Division of Mission and Ministry offers services and curricular and co-curricular programming to employees and students.
  
  
• The Dean of Students Office helps meet the urgent needs of students by providing clear and critical support structures in times of need and personal crises.
  
  
• The Office of Multicultural Student Success works to improve the retention and graduation rates of many students, including undocumented students.
  
  
• DePaul's Cultural and Resource Centers provide co-curricular programs and physical spaces that center the lived experiences of marginalized communities at DePaul. The Centers aim to foster community and a sense of belonging for students with intersecting sociocultural identities through identity-centered exploration, holistic wellness, connection & belonging, and leadership & advocacy.

• The following entities have released Know Your Rights information:

• The Illinois Office of the Attorney General
• Immigrant Legal Resource Center
• Illinois Coalition For Immigrant and Refugee Rights
• National Immigrant Justice Center

• The Illinois Coalition For Immigrant and Refugee Rights published helpful lists, including:
• A list of local non-profit agencies providing free or low-cost assistance with immigration matters
• A list of organizations that assist in multiple languages with Public Benefits, State Resource Centers, Food Pantries, Emergency Assistance, Financial Assistance, Housing, Utilities, and more.
• A list of nonprofit organizations that can assist with citizenship and DACA renewals. 

• The Illinois Immigration Information Hub's website has a comprehensive guide with resources for Illinois' immigrant communities: https://www.illinoisimmigrationinfo.org/

• The Office of the Mayor of Chicago has a page regarding the Protecting Chicago Initiative.