Responding to Unannounced Immigration-Related Contacts

This document outlines steps for faculty and staff of Earlham College and Earlham School of Religion should Immigration and Customs Enforcement (ICE) agents come to campus or otherwise inquire about members of the Earlham community.

1. The appropriate response to federal immigration enforcement ultimately depends on what agency may have come to campus and what sort of process they seek to enforce.
2. Should members of the Earlham community be approached by or encounter immigration enforcement agents on campus, the most important step is to politely advise the officer(s) in question that all engagement will be directed to Public Safety and the Earlham personnel designated to manage such engagements:
   • Christopher Little, Vice President and Chief Operating Officer, 765.983.1400; or
   • Jason Elliot, Assistant Director of Public Safety, 765.983.1400.
   • All phone calls shall similarly be transferred to the above parties.
3. The following actions should be carried out by Designated Responders:
   1. Notify all other responders, contact legal counsel, inform the Office of the President, and monitor whether ICE is contacting multiple Earlham staff members.
   2. Ask all agents to identify themselves by name, agency/office, and title/position. Ask to see their identification badges and business cards and record their full contact information (including, if available, work and mobile phone numbers and email addresses). Write down the badge number and get their business card (or take a copy of it).
   3. Determine the purpose of the visit: What is it they are seeking? Agents investigating immigration-related issues may be seeking to speak with particular people; have written requests being served on the institution; or have more formal documents, such as a search or arrest warrant, or a subpoena.
   4. Review any warrant or legal document and advise the officer that the College wishes to consult its legal counsel before any further action is taken. Fax/email the document to legal counsel. Earlham will work with an immigration attorney and/or local legal counsel.
   5. When a subpoena relates to a student:
      1. If the student is not currently in ICE custody, Earlham may have three days to respond to a request (whether it came by telephone or in writing or was delivered in person).
      2. If the student is currently in ICE custody, Earlham may need to give the information requested on the same day (even if ICE makes the request by phone without anything in writing). Such a request is supposed to be delivered in writing (generally by fax), but Earlham has to respond even if it has not received a written request.
   6. Be cooperative and courteous to all agents, but do not volunteer information until communications have been coordinated with appropriate Earlham administration and/or legal counsel, who will then work with the agent in charge to agree on next steps.
   7. If agents have a search or arrest warrant signed by a judge or a magistrate, the agents may have access to the premises, but this must be confirmed with legal counsel. For safety, agents must be accompanied by Earlham personnel at all times. No access to Earlham premises, employees, students, or student records shall be granted unless authorized.
   8. Although the Earlham generally must comply with FERPA and any other applicable federal or state records in privacy and confidentiality requirements, immigration-related requests override those protections as it pertains to non-immigrant status.