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. They posed 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 personally appealed to the President. She is shaken, but safe now. But what can other foreign students do to protect themselves from this type of scenario involving ICE’s college campus enforcement?

Can ICE Enter College Campuses?

ICE agents, as federal law enforcement officers, have authorization to enforce immigration laws anywhere in the United States. They can be in public areas on campus, such as courtyards, hallways, or open lobbies. However, their operations may affect their presence on campus. They do not have unrestricted access to restricted areas, like dormitories or classrooms, unless they meet specific legal requirements.

Can ICE Enter Private Spaces?

ICE agents need either consent from university officials or a judicial warrant to enter private or restricted areas. This includes 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, a judge must sign the warrant. This is different from an administrative ICE warrant, which is often not sufficient to allow entry into non-public areas.

How to Protect Yourself if ICE Shows Up on Campus

If you are on campus and ICE shows up, it’s important to understand your rights as an international student. Knowing your rights is vital for anyone on an ICE college campus.

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. A judge must sign this order.
Don’t Consent to Entry: You may deny entry if the ICE agents do not have a judicial warrant. If ICE agents want to enter your dorm room, classroom, or any other space, do not consent to entry without a valid judicial warrant.
Remain Calm: If approached by ICE, stay calm and assert your rights politely. You don’t have to allow them to question you or take action unless they have a judicial warrant or your consent.
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. Many immigration attorneys have significant experience handling ICE matters on college campuses.

The Role of Public vs. Private Universities in ICE Enforcement

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. However, 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 on campus. Meanwhile, others may comply more easily with federal requests.

What to Do if ICE Shows Up at Your University

If ICE enters your campus, be prepared and know your rights. Additionally, ICE college campus actions can vary, so always stay informed. Immigrant students must know what to do, how to assert their rights, and when to contact an attorney.

If you have concerns about your status or if ICE is attempting to detain you, contact Shepelsky Law Group. Our immigration lawyers are here to help students navigate these situations that might involve ICE college campus enforcement. Call us at (718) 769-6352 or book a consultation directly at Shepelsky Law Group Booking.