ICE on Campus: A Practical FAQ for Colleges and Universities

The evolving immigration enforcement landscape has heightened the importance of institutional readiness across institutions of higher education. Colleges and universities are increasingly expected to respond to U.S. Immigration and Customs Enforcement (ICE) activity with clarity, consistency and legal precision. Planning can help institutions manage ICE encounters in a lawful, coordinated and defensible manner.

The following FAQs address common questions colleges and universities may face when ICE officers are present on campus and outline key considerations for institutional responses.

Under What Circumstances May Immigration Enforcement Officers Enter College and University Campuses?

Federal immigration enforcement officers, including those from ICE, U.S. Customs and Border Protection, U.S. Citizenship and Immigration Services and other federal agencies, may appear on college and university campuses for a variety of reasons. These activities may include apprehending individuals, requesting information or records, conducting unannounced inspections of Form I‑9 employment verification records or performing administrative site visits related to visa compliance.

Whether ICE officers may enter a particular area of campus depends on whether the space is considered public or nonpublic. Federal immigration enforcement officers may enter public areas of a campus without a warrant, just as any member of the general public. However, officers may not access nonpublic or restricted areas, such as residence halls, offices or other limited access spaces, without authorization from an appropriate campus official or presentment of a judicial warrant signed by a judge.

The presence of local or state law enforcement accompanying ICE does not expand ICE's authority to access nonpublic areas of campus. Immigration enforcement authority is governed by federal law, and ICE still must have a judicial warrant or valid consent from an authorized campus official to enter nonpublic campus spaces. Institutional officials should evaluate the purpose of such visits to campus and the role of each agency involved, as well as consult institutional protocols and legal counsel before granting access or assistance.

What Is the Difference Between Public and Nonpublic Campus Spaces?

Public campus areas include spaces where the general public has free access, such as lobbies, waiting areas, parking lots and open libraries. ICE agents may enter these areas without a warrant.

Nonpublic campus spaces include areas where access is restricted, including:

• spaces requiring university‑issued identification cards, locked doors or monitored entryways
• university residence halls and dormitories
• faculty and administrator offices
• classrooms
• locker rooms and other operational facilities

Some spaces may be left unlocked during work hours but are still not considered public areas due to their function. Public and private institutions may limit access to campus spaces as necessary, and nonpublic campus areas should be clearly designated with appropriate signage.

What Types of Warrants Authorize ICE to Enter Nonpublic Campus Spaces?

There is a critical distinction between judicial warrants and administrative warrants.

A judicial search or arrest warrant is signed by a judge and grants ICE authority to enter nonpublic campus spaces, such as classrooms, offices and dormitories, without consent.

Administrative warrants, including Forms I‑200 and I‑205, are signed by an immigration official rather than a judge and do not grant authority to enter nonpublic campus spaces without consent. These warrants typically list the U.S. Department of Homeland Security (DHS) at the top of the material, whereas a judicial warrant identifies a court.

Absent a judicial warrant, even if ICE presents an order of removal or deportation for a campus community member, an institution is not legally required to grant ICE access to nonpublic campus spaces or assist in apprehending an individual.

Who May Provide Consent for ICE to Access Nonpublic Campus Spaces?

Only authorized college or university officials may provide consent for immigration enforcement officers to enter nonpublic or restricted areas of campus in the absence of a judicial warrant. These authorized officials typically include personnel in the office of the general counsel (OGC), designated senior administrators or campus police leadership, depending on an institution's policies and governance structure.

Frontline staff, faculty members, resident advisors, administrative staff and student workers do not have authority to provide consent for ICE to enter nonpublic campus spaces. Institutions should ensure that consent authority is clearly delineated in written policies and limited to a small group of trained campus officials.

Because unauthorized consent may inadvertently waive legal protections, it is critical that all campus personnel know to immediately contact the institution's designated official(s) in the event of a demand to access nonpublic campus spaces. Frontline staff should be trained to follow a simple, consistent script directing ICE officers to the appropriate campus office(s) without attempting to assess the legality of a request.

Clear protocols, regular training and visible internal guidance will help prevent inconsistent responses, reduce institutional risk and ensure that ICE encounters are handled lawfully and in accordance with institutional policy.

Can Students Refuse to Allow ICE into Their Private Residence, Including Dorm Rooms?

Yes. Private residences, including dorm rooms and residence halls, are considered nonpublic spaces. ICE officers may not legally access these areas without a judicial warrant or the voluntary consent of the occupant.

Students may refuse entry to any immigration enforcement officer who does not present a judicial warrant, regardless of what the officer states or whether the residence is located on or off campus.

A roommate, resident advisor, housing staff member or other campus employee may not provide consent for ICE to enter another individual's dorm room or private residential space. Consent to enter a private residence only may be given by the occupant of that specific space or by an authorized college or university official acting within the scope of institutional authority. Absent valid consent from the occupant or a judicial warrant, ICE may not lawfully enter a dorm room or other private residential area.

Are Campus Security or Campus Police Required to Assist ICE?

Under federal law, campus security and campus police are not required to assist ICE with immigration enforcement actions unless ICE presents a lawfully issued judicial warrant. Campus security and police are also not required to inquire about the immigration status of students, staff or faculty.

Campus police must comply with applicable state and local laws governing cooperation with ICE. Some jurisdictions restrict cooperation with federal immigration enforcement, and others impose affirmative obligations.

What Actions Are Prohibited When ICE Is on Campus?

Federal law prohibits hiding evidence, concealing individuals who are the targets of law enforcement activity, including immigration enforcement, or interfering with an arrest. Campus community members should never physically interfere with enforcement activity or place themselves in physical danger.

Conduct that interferes with ICE operations and rises to the level of obstruction is illegal and may expose college and university faculty, staff and students to federal legal liability.

What Should Campus Employees Do If ICE Requests Information or Records on a Student or Employee?

Campus employees who receive a request from ICE for information or records immediately should contact the institution's legal counsel or other designated point of contact. This includes requests for information contained in student or employee files or information related to coursework or academic activity.

The Family Educational Rights and Privacy Act (FERPA) protects personally identifiable information in student education records. FERPA generally prohibits the disclosure of such information, including immigration status, without a student's written consent. An exception exists for disclosures made pursuant to a lawfully issued judicial subpoena, but this exception does not apply to administrative warrants.

For international students, FERPA permits institutions to provide limited information to DHS to comply with the Student and Exchange Visitor Program (SEVP). Such disclosures are restricted to categories identified in DHS regulations and must be directed to a campus designated school official. All other international student records remain protected under FERPA.

What Should an Institution Do If ICE Appears on Campus?

Verify Credentials and Warrants

• Request official identification and ask why the agents are present.
• Ask to see any warrant and determine whether it is judicial or administrative.
• Make a copy or take a photograph of the warrant.
• Confirm that the warrant is signed by a judge and lists the correct legal name and address.

Respond According to Protocol

• Immediately notify OGC, student affairs or international student services and campus security.
• Assign a designated employee to accompany ICE agents during the visit.
• Collect the names and contact information of all agents involved.

Document the Encounter

• Record all areas searched and all items seized.
• Document names, badge numbers, times and locations.
• Photograph or record activity if permitted, ensuring no interference with agents.
• Confirm that security cameras are recording and preserve footage securely.
• Take detailed, contemporaneous notes.

Comply Without Obstruction

• Do not interfere with enforcement activity.
• Remain calm.
• Do not hide individuals, assist in escape, destroy documents or provide false information.
• Remind students, faculty and staff of their right to remain silent and right to legal counsel.

There is no requirement that colleges or universities notify students, faculty and staff that ICE is present on campus. Decisions regarding notification should be guided by institutional policy, safety considerations and advice from legal counsel. Institutions may choose to communicate with the campus community when appropriate to prevent misinformation, reduce panic or provide accurate guidance but should avoid sharing unverified information or interfering with law enforcement activity.

What Proactive Steps Should Colleges and Universities Take?

Establish Policies and Protocols

• Designate a central point of contact, such as OGC or campus police, to respond to ICE requests.
• Develop a detailed response plan addressing different types of ICE activity.
• Provide scripts for frontline staff that direct ICE inquiries without requiring legal judgment by staff.
• Restrict access to nonpublic campus spaces absent a judicial warrant.
• Ensure appropriate signage clearly identifies restricted areas.

Train Staff and Faculty

• Provide training on the distinction between public and nonpublic campus spaces.
• Train human resources staff on proper Form I‑9 completion and retention.
• Ensure faculty and staff understand FERPA requirements and protections.

Support Students and Employees

• Offer "Know Your Rights" training sessions.
• Distribute informational materials such as red cards.
• Provide access to legal and mental health resources or partner with community organizations where services are not available.

Protect Student Records

• Do not release records without a judicial warrant or subpoena.
• Require legal review before responding to ICE information requests.
• Limit collection of unnecessary immigration status information.

Conduct Internal Audits

• Audit Form I‑9 records proactively.
• Correct identified errors and retain records in compliance with retention rules.
• Review E‑Verify cases for compliance, if applicable.

Create Emergency Preparedness Plans

• Develop plans to support individuals impacted by immigration enforcement efforts.
• Coordinate with immigrant rights organizations for additional assistance.

Colleges and universities can prepare for ICE enforcement activity by implementing proactive compliance measures and establishing clear response protocols. Effective preparation includes advance planning, staff training, legal oversight and clear communication with campus communities. In the current enforcement environment, institutional readiness helps mitigate risk while supporting the rights and well‑being of students, faculty and staff.

For questions about campus access, warrant requirements, student record protections or institutional response to ICE activity, please contact the authors.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.