College of DuPage Biven's Act Procedures

College of DuPage Procedure for Responding to Immigration Enforcement Activities

In response to recent federal executive orders and directives related to immigration enforcement, this procedure provides a framework for personnel, including frontline administrative and College police personnel, to respond to inquiries regarding the immigration status of students and employees. It includes a recommended protocol and script for responding to inquiries from officials or entities such as U.S. Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP), as well as inquiries from students, parents, employees and other individuals.

All employees should be notified that if they receive any inquiries from law enforcement and/or immigration officials related to a student’s or employee’s immigration status, those inquiries should be directed to General Counsel Lilianna Kalin. Employees should not respond directly.

Information to Be Posted on the College Website

The College has included the following information on its website regarding immigration enforcement on campus:

• Point of contact for employees and students if a law enforcement agent seeks to enter campus, enters campus, or engages in non-consensual interactions with members of the community.
• Immigration enforcement resources to help students and employees understand their constitutional rights and access immigration-related guidance, including links such as illinoisimmigrationinfo.org.

ICE, CBP and Other Agency Inquiries and Activity on Campus

Obtain Initial Information

Upon the arrival of ICE, CBP or other immigration officials, personnel should follow this script and document responses. If personnel are not comfortable asking these questions, they should immediately contact the Office of General Counsel and inform officials that someone will assist them shortly.

Please provide the following information:

• Name
• Agency affiliation
• Proof of identification (make a copy)
• Badge number
• Contact information
• Who they are here for
• Purpose of the visit

Please have a seat or remain where you are. Someone will assist you shortly.

Do Not

Pending consultation with legal counsel, do not:

• Confirm whether the student or employee is present
• Release student or employee information
• Make the student or employee available for an interview
• Answer questions or grant access to buildings or facilities

Contact General Counsel

After obtaining initial information, personnel should immediately contact General Counsel Lilianna Kalin. Be prepared to share all collected information and copies of identification, subpoenas, court orders and/or warrants. General Counsel may speak directly with officials or provide guidance.

Administrative vs. Judicial Warrants

Administrative warrants are not issued by a court and may reference the Department of Homeland Security and forms such as I-200, I-203, I-205 or I-286. Judicial warrants or court orders reference a specific court and are signed by a judge.

Colleges are not required to comply with administrative warrants in the same manner as judicial warrants. A college is not required to provide information that would identify a student based on an administrative warrant. However, colleges must comply with judicial warrants or court orders in accordance with policies on student education records. Students must be notified before records are released.

If officials do not present a judicial warrant, General Counsel may advise denying access to facilities until one is provided.

Consult with Campus Police Regarding Notification

The College and its Campus Police Department will comply with the Illinois TRUST Act (5 ILCS 805) and will not participate in federal civil immigration enforcement unless required by a valid judicial warrant.

Administration will consult Campus Police to determine whether immigration enforcement activity may impact campus safety or operations and whether notification to the College community is appropriate.

Communication may be limited to a specific campus, area or department based on potential impact, at the discretion of Campus Police.

Seeking Consent from a Student or Employee

If immigration enforcement officers request information or access to a student or employee, the College will:

• Request a judicial warrant, court order or subpoena
• Consult with Administration and/or General Counsel
• Notify the student or employee and provide copies of documentation, unless prohibited
• Comply with FERPA notification requirements unless disclosure is restricted
• Not release protected information or allow access without consent unless legally required

These procedures do not override applicable College policies or laws and must be interpreted in accordance with 110 ILCS 805/2 and other applicable laws. Employees must comply with all laws and must not impede or interfere with law enforcement actions.

Nothing in these procedures limits:

• The College’s compliance with valid judicial warrants, orders or subpoenas, or other applicable laws such as FERPA
• The College’s ability to disclose information when permitted or required by law