Immigration and Customs Enforcement (ICE)

Information Regarding Immigration and Customs Enforcement (ICE) Officers on Northern Essex Community College (NECC) Property

Can NECC prevent federal immigration enforcement officers from coming on campus or entering campus buildings and other NECC property?

It depends. As a public community college, NECC is largely open to the general public. Federal immigration enforcement officers may enter areas open to the general public without a warrant. However, public access is limited in certain areas of NECC campuses and property. Included in this category of limited access spaces are administrative or faculty offices, classrooms while in session, laboratories, and locker rooms.

If I see ICE agents on campus, does it mean they are conducting immigration enforcement actions?

No.  It is important to note that ICE or federal officials from the Department of Homeland Security may be on campus for reasons unrelated to enforcement actions. Due to our International Programs, the College is required to report certain information about F-1 or J-1 visa status students to ICE. This reporting is routine, and the College is required to comply with on-site visits to review records when requested.

In what situations can federal immigration enforcement officers enter limited access, nonpublic areas?

Federal immigration enforcement officers are required to have a criminal arrest or search warrant to lawfully enter limited 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 limited access areas without consent.

What should staff members do if a federal immigration enforcement officer asks for access to a limited access area?

If a federal immigration enforcement officer asks for access to a limited access area, College employees should inform the immigration officer that College policy requires you to refer them to the Public Safety office.

Will the NECC Police Department work with federal immigration officers to apprehend and remove individuals from campus?

No. The NECC Police Department will not ask anyone about their immigration status, and does not arrest anyone solely on the basis of their immigration status. The NECC Police Department will not enforce a warrant issued by ICE that is solely for an administrative matter, such as residency or immigration status. The NECC Police Department will be required to enforce a 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. 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.

Can federal immigration enforcement officers enter my home/apartment?

Not without a criminal warrant or consent. 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. Individuals have a reasonable expectation of privacy in their homes. A warrant of removal/deportation is a civil or administrative warrant and is not signed by a judge. Administrative warrants do not authorize officers to enter a home without consent. If an immigration officer has a civil or administrative warrant, undocumented 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, the officer does not need consent to enter the apartment or arrest an individual named in the warrant.

As a student, do I need to give information to an ICE agent?

No.  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.

What should staff members do if a federal officer asks for or presents a subpoena for personally identifiable private information or records about a student or employee?

Faculty or staff who receive a request from a federal officer for any information about a student should refer the agent to Public Safety.  Personally identifiable educational records are protected by a variety of privacy laws including the Family Education Rights & Privacy Act (FERPA).  As a College employee, you are required to maintain the confidentiality of these records.

What if I would like to speak with an immigration attorney?

If you would like to speak with an immigration attorney, contact our Director of International Students and Special Populations, Maria Hernandez, mhernandez@necc.mass.edu and she will provide you with a list of local immigration attorneys.