Undocumented Student Support

1. In the unlikely event that Immigration and Customs Enforcement (ICE) or other person or governmental entity pursue immigration-related investigations on our campuses, staff shall direct them to the Campus Safety Office. Staff should explain to the requesting person that this is our District protocol. Staff in all instances shall inform the Campus Safety Office and the Office of the President/Provost of the presence of ICE or other persons pursuing immigration related investigations on our campuses. The Campus Safety Office, in conjunction with the President’s/Provost’s Office, will review any such request for information and provide a response in conformance with this protocol.
2. If a warrant, subpoena, or court order is presented, Campus Safety or the President’s/Provost’s Office should also notify the Vice Chancellor of Human Resources. If the warrant is clearly an administrative warrant (not a judicial search warrant) it is not enforceable for purposes of entering private areas or accessing documents or information about NOCCCD students. In such instances, where the warrant or subpoena is clearly not enforceable, Campus Safety or the President’s/Provost’s Office shall deny the access or information requested.
3. In any instance where the validity of a warrant or subpoena is unclear, or where the parameters of the warrant or subpoena are unclear, it is necessary to first obtain legal advice from our District’s Counsel. In such instances the President’s/Provost’s Office shall also notify the Vice Chancellor for Human Resources. This step is critical 
   before granting access or information, to ensure we do not violate student privacy rights.
4. In any instance where the request involves conducting an I9 audit or request for employee information refer the officer to the Vice Chancellor for Human Resources.
5. If ICE or other immigration officers come onto campus uninvited, staff should contact Campus Safety and the President’s/Provost’s office to notify them of their presence. Campus Safety Officers should approach them, provide them with a copy of Board Resolution No. 16/17-18, and inquire into their reason for being on campus. Campus Safety or an administrator should accompany ICE or other immigration officers until they leave the campus.

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}

The following are samples of warrants and subpoenas which can be printed and kept for reference.

Sample Arrest Warrant 
Sample DHS Immigration Enforcement Subpoena 
Sample Federal Arrest Warrant 
Sample Federal Judicial Subpoena 
Sample Federal Search and Seizure Warrant 
Sample Notice to Appear 
Sample Removal Warrant

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.