Immigration-Related Requests

  1. All Plans, Policies, and Procedures
  2. Immigration-Related Requests

Please review the District's protocol for immigration related requests made by ICE or other law enforcement entities.

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NOCCCD employees shall not release to U.S. Immigration Officers or to any person, any personally identifiable student information related to immigration status, or provide access to documents or information about NOCCCD students without a judicial warrant, subpoena or court order, unless authorized by the student or required by law.

To protect students' privacy rights, all employees are to follow the District Protocol for Immigration-Related Requests when responding to immigration-related inquiries from ICE or other law enforcement agencies. Sample of valid warrants are included in the printable policy document.

The District’s protocol is applicable to any request for information or access to students or to student records from 1) U.S. immigration officials and, 2) any governmental or private person or entity when the request involves an immigration related matter.

Protocol Tips

  1. Only search warrants issued by a Judge or Magistrate (judicial warrants) are enforceable. Administrative search warrants issued by U.S. Department of Homeland Security or other Immigration officials are not enforceable.1 A judicial warrant will state the name of the court, and the signature line will indicate it is signed by a judge. NOCCCD will NOT comply with an administrative warrant seeking entry to private areas or access to documents or information about NOCCCD students.
  2. ICE agents and other law enforcement officers (LEO’s) are not allowed to enter a private area of any NOCCCD campus without a judicial search warrant. Be clear what areas of the campus are considered private. When possible mark or put up signage indicating which areas are considered private. If an ICE agent or other LEO’s attempt to enter a private area without a judicial search warrant, tell them, “I am not authorized to give you permission to enter. Please wait and I will contact Campus Safety.”
  3. Judicial search warrants will describe the parameters of what may be searched. Officers must stay within the parameters of the warrant. For example, if the warrant states they are searching for a grown adult they may not search file drawers; if the warrant says they may search all classrooms in the 200 building, they do not have authority to search offices in the 200 building.
  4. Although administrative search warrants are not enforceable, administrative arrest warrants do allow ICE agents to arrest a person who is reasonably suspected of being undocumented. A judicial or administrative arrest warrant, however, does not give ICE or other LEO’s the right to enter private areas to make an arrest. They would have to wait until the person enters a public area to make an arrest, or they would have to obtain a judicial search warrant to be able to enter a private area to make an arrest.

1Immigration administrative warrants usually say “Department of Homeland Security” and are on Forms I-200 or I-205

  1. Being in a public area does NOT give ICE the authority to stop, question, or arrest just anyone. Individuals also have the right to remain silent. 
  2. Do NOT volunteer documentation or information to ICE agents. If ICE agents have questions or requests, ask if they have a warrant or subpoena and then say, “Please wait a moment while I contact someone who can help you.” Then contact campus safety and/or the president’s/provost’s office. Identify a space for them to wait and stay with them. 
  3. If you refuse ICE agents entry into a private area, and they enter anyway, you should continue to refuse consent and document their actions, but do not obstruct their entry.