Michigan State University has updated its guidelines and resources for students, faculty and staff amid an aggressive shift in how federal agents enforce immigration laws paired with President Donald Trump’s promise to conduct the "largest deportation operation" in U.S. history.
However, MSU has no legal way to keep federal immigration enforcement from arriving on campus.
One day into the new presidential administration, on Jan. 21, the Department of Homeland Security rescinded guidelines that barred Immigration and Customs Enforcement (ICE) from conducting enforcement actions at or near hospitals, churches and college campuses without approval from higher-ups.
The decision to drop one of the few measures protecting college campuses from immigration enforcement coincides with an ongoing increase in ICE nationwide. The agency claims it has arrested over 7,000 people since inauguration day while ICE activity has been reported in Ann Arbor and Detroit.
"People are incredibly fearful," said Elly Jordan, a managing attorney at the Michigan Immigrant Rights Center. "Even people who have quite stable status in the country are feeling quite terrified, and certainly people in mixed status families are fearful that their information could put their beloved family members in danger."
MSU announced updates to its Immigrant Support & Safety Resources website in an email sent to college deans and some student group leaders early this week. The updated Frequently Asked Questions page advises employees on what to do if federal immigration officers arrive on campus unannounced, outlines privacy protections for students, and provides a few non-immigration-enforcement reasons federal agents could be seen on campus.
Undocumented students can access "certain legal guidance" offered by ASMSU Student Legal Services and the law college’s Immigration Law Clinic, the website states. Academic support and counseling are available through each student’s respective college and MSU Counseling and Psychiatric Services, respectively.
The website notes that the MSU Department of Police and Public Safety does not assist in enforcing federal immigration laws. MSU Chief of Police Mike Yankowski said the only instance in which campus police would assist federal agents is to execute a criminal arrest warrant on campus, which they are legally obligated to cooperate with.
"We do not confront individuals, ask them questions about their immigration status," Yankowski said. "We will not pursue, interrogate, investigate or arrest someone solely for immigration status purposes."
Given the wide jurisdiction of the federal government, federal law enforcement does not need to ask for permission from MSU to be on campus, Yankowski said.
University employees should not obstruct or impede federal officers from performing their duties or "engage in any conduct that may be perceived as obstruction," the website advises. Any person doing so would face significant legal liability on top of any physical risk, Jordan said.
The Family Educational Rights and Privacy Act, or FERPA, prohibits schools that receive federal funding from disclosing students’ education records without their consent and could provide students some protection from prying government agencies, Jordan said. The law only permits schools to share information if presented with a judicial warrant, a subpoena or a court order.
The email sent to faculty and student leaders instructs people to contact MSU DPPS if they see federal enforcement officials arrive unannounced or approach staff or students. Employees should also contact MSU Office of the General Counsel if presented with a warrant or subpoena.
If possible, the email states, employees should also document the interaction with officers to "help protect everyone’s rights and ensure transparency."
MSU would not send a campus-wide communication if it is informed that federal officials are on campus, a university spokesperson said. Additionally, federal law enforcement is not required to advise institutions ahead of their arrival.
Anyone going through the process to obtain legal residency is encouraged to carry proof of that process on them at all times, Jordan said. Additionally, individuals should also carry proof that they have lived in the U.S. for more than two years, Jordan added.
The Michigan Immigrant Rights Center has set up an intake line at (734) 249-6863 to provide legal assistance or connect people to other resources.
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