In the wake of President Trump’s executive orders concerning immigration, Bucknell has released a response protocol in the event that Immigration and Customs Enforcement (ICE) agents visit campus unannounced. Previous guidance had deemed campuses as “sensitive locations” where enforcement would not take place, but the recent reversal of this has led to heightened concern on campuses nationwide.
The protocol was created by the Office of General Counsel, who should be contacted immediately in the event of an encounter in order for them to evaluate the situation in accordance with policy. They can be reached at 570-577-1149, although Public Safety should be contacted instead if the encounter occurs outside of regular business hours.
The step-by-step protocol instructs that students or employees first respectfully confirm the purpose of the agent’s visit and inform them that a call will be made to the Office of General Counsel for further instructions. An agent’s photo identification can also be requested in order to confirm credibility. It is advised that no “specific individual information about any member of the campus community” be provided to the agent without further guidance, and that they should not be given access to any part of the University campus that is not considered public, such as buildings that require key card access. Even if presented with a warrant or subpoena signed by a judge, the Office of General Counsel should still be contacted first. If the agent remains in a public space, their actions should be documented either by written note, or they should be informed that they are being recorded electronically.
It is possible that ICE agents are present on campus for other routine reasons, such as to inspect I-9 records or “to conduct an administrative visit for a compliance review.” Regardless, if one is unsure about the purpose of the visit, General Counsel should be contacted.
The webpage further clarifies that per Bucknell policy, Public Safety does not have authority to enforce federal immigration laws on campus, and will only become involved if federal agents present a criminal warrant. While members of the Bucknell community are not required to assist federal immigration officials, federal law also dictates that their process cannot be hindered such as through hiding evidence, concealing or hiding individuals of interest or interfering with an arrest. Doing so could be deemed as aiding and abetting a fugitive, which is a federal criminal offense and could lead to felony charges.
Unlike a criminal search or arrest warrant, civil and administrative warrants do not authorize federal agents to enter private spaces without consent. The protocol acknowledges that it can be difficult to distinguish between these warrants, and advises that community members “ask for a copy of the warrant or subpoena being served; inform the officer that [they] are not obstructing justice but need to consult with the Office of General Counsel for assistance, and contact the Office of General Counsel as soon as possible to be directed to appropriate legal assistance.”
If an employee is presented with a subpoena for personally identifiable information about a student, they are obligated to maintain confidentiality, as this information cannot be accessed without presenting a valid subpoena to a University authority.
The comprehensive protocol can be accessed online through myBucknell. The Office of the General Counsel is located at 217 Marts Hall, and further questions can be directed to generalcounsel@bucknell.edu.