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Important Information for Foreign Students in the U.S.:  What to Do if ICE Comes to Your College Campus: Know Your Rights

The recent arrest of an Azerbaijani Columbia University student and influencer Elmina Aghayeva by ICE in NYC raised critical questions about immigration enforcement on college campuses. Immigration and Customs Enforcement (ICE) agents entered the student’s dormitory posing as NYPD officers with “fake badges” looking for a missing girl. Then, inside the dorms, ICE  detained her for allegedly having an expired F1 visa. Ms. Aghayeva was detained, but later released after New York Mayor Zohran Mamdani made a personal appeal to President Donald Trump, according to the mayor. She is shaken, but safe now. But what can other foreign students do to protect themselves from this type of scenario?

This incident has sparked concerns about what happens when ICE shows up at colleges and universities, and what students can do to protect themselves.

Can ICE Enter College Campuses?

ICE agents, as federal law enforcement officers, are authorized to enforce immigration laws anywhere in the United States, including on college campuses. They are allowed to be in public areas on campus, such as courtyards, hallways, or open lobbies. However, they do not have unrestricted access to restricted areas, like dormitories or classrooms, unless they meet specific legal requirements.

Entry with the proper warrant is part of the constitutionally protected due process, protected by the Fifth and Fourteenth Amendments of the US Constitution. The Fifth Amendment guarantees that no one shall be “deprived of life, liberty, or property, without due process of law” in federal cases. And the Fourteenth Amendment  extends this protection to actions by state governments, stating that no state shall “deny to any person within its jurisdiction the equal protection of the laws” and that no one shall be “deprived of life, liberty, or property, without due process of law.”

These ensure that the government must follow fair procedures before depriving a person of their rights or freedoms, whether it be through criminal proceedings, immigration enforcement, or civil actions.

In this case, ICE appears to have tricked authorities at the university with their fake NYPD badges to gain access to the dorms. This was done with impunity. If this was a criminal arrest, this type of entry and arrest would be thrown out as unconstitutional by the state court and the defendant’s case dismissed. However, the current administration is allowing ICE to go unfettered and do as they please with no repercussions.

What ICE Needs to Enter Private Spaces

ICE agents need either consent from university officials or a judicial warrant to enter private or restricted areas, such as dorm rooms or faculty offices. If they do not have one of these, students have the right to refuse entry. In the case of a judicial warrant, the warrant must be signed by a judge and is different from an administrative ICE warrant, which is often not sufficient to allow entry into non-public areas.

ICE agents have disregarded this law and have gotten away with it thousands of times now.

What to Do if ICE Shows Up on Campus

If you are on campus and ICE shows up, it’s important to understand your rights:

  1. Ask for Identification: If agents approach you, ask to see their identification and what legal documentation they have. If they claim to have a warrant, ask to see it. You can politely request that they provide this information before proceeding. The ICE self-signed warrant is not enough. It must be an order signed by a JUDGE. 
  2. Don’t Consent to Entry: You are allowed to deny entry if the ICE agents have no judicial warrant. If ICE agents want to enter your dorm room, classroom, or any other private space, do not consent to their entry (say “I do not consent to your entry”) unless they present a valid judicial warrant. Without proper documentation, you are not required to allow them access.
  3. Remain Calm: If approached by ICE, stay calm and assert your rights politely. It’s important to understand that you don’t have to allow them to question you or take any action unless they have a judicial warrant or your consent.
  4. Contact an Immigration Lawyer: If ICE is on campus, it’s important to contact an immigration lawyer immediately. Having legal representation is crucial, especially if agents attempt to detain you or if you are uncertain about what is happening.

What About Public vs. Private Universities?

Whether a university is public or private doesn’t change ICE’s ability to be present in public areas of campus. Both public and private universities must follow the same federal laws, but universities may have their own internal policies regarding ICE access to restricted spaces. Some universities may have stronger policies to protect students and limit ICE access to non-public areas, while others may comply more easily with federal requests.

The Uncomfortable Reality

However, the issue runs deeper. Theory is one thing and the practical application of ICE actions is another. In practice, ICE agents sometimes manipulate individuals and even organizations (as here) into granting them consent to enter private spaces, often without proper legal warrants. In such cases, the lack of real consequences for these constitutional violations renders the law essentially ineffective. The laws in this country are only as strong as the consequences for not following them. When ICE agents bypass legal requirements and face little to no repercussions, it undermines the integrity of the system.

If you have concerns about your status in the U.S., call Shepelsky Law Group today and schedule a consultation with our team at Tel: (718)769-6352 or by booking directly at Shepelskylaw.Cliogrow.com/Book  We can help you gain certainty in these volatile times.