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Immigration Enforcement Information

This procedure is established in accordance with, and is intended to comply with, 110 ILCS 167/18, the Illinois Public Higher Education Act, and applicable State and federal law. It provides guidance to administrators and employees concerning requests by law enforcement agencies, including immigration enforcement agencies, for access to IECC nonpublic property, records, students, or employees. Nothing in this procedure is intended to interfere with law enforcement access to public areas on IECC properties.

Scope  
This procedure applies to:

  • Nonpublic or private spaces on IECC properties;
  • All students and employees;
  • All interactions with federal, state, or local law enforcement agencies, including but not limited to U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP).

Designated Authority 
Only the following IECC officials are authorized to respond to law enforcement requests for nonpublic campus access or information:

  • Chancellor (or designee) on behalf of all locations; or
  • Presidents (or designee) on behalf of each campus.

Students and employees shall refer law enforcement to one of these administrators only when access to nonpublic spaces is requested. No other employee is authorized to grant access to nonpublic spaces or provide records. Note that public campus spaces, such as parking lots, open hallways, lobbies, etc. shall not be restricted and are not included in the scope of this procedure. 

Law Enforcement Requests for Nonpublic Campus Access   
1. Verification.
    Upon notification of law enforcement’s request to access nonpublic IECC property, the Designated Authority shall take the necessary steps to:

  • Verify the identity of the law enforcement agency;
  • Secure the name and badge number of the lead law enforcement agent if possible;
  • Verify the purpose of the request;
  • Obtain copies of any judicial warrant, court order, administrative warrant, subpoena, or other supporting documentation.

2.  Judicial Warrant Required   
     IECC will not permit nonpublic access to campus facilities or private areas unless presented with a valid judicial warrant or court order, signed by a judge.

3.  Legal Review   
     The Designated Authority shall consult with IECC’s Attorney as necessary and appropriate to determine whether access shall be granted, denied, or require            clarification.

Law Enforcement Requests for Specific Individuals    
In the event the law enforcement request is related to an immigration enforcement matter and access is requested for a specific student or employee, IECC will not consent to law enforcement interviews or searches without proper legal authority or the voluntary written consent of the individual. 

To the extent permitted by law, IECC will make reasonable efforts to notify affected students or employees before complying with a law enforcement request related to immigration enforcement. 

Campus Safety Concerns   
In the event the Designated Authority determines immigration enforcement activities could adversely impact campus safety or operations, the appropriate Campus Emergency Management Team shall be notified and apprised of the situation.

Documentation of Law Enforcement Activity   
IECC shall document all law enforcement interactions, including:

  • Date, time, and location of the request;
  • Name and agency of the officer(s);
  • Type of legal documentation provided;
  • IECC’s response or action taken.

Documentation shall be retained in accordance with IECC record-retention requirements.

Prohibited Actions  
Unless required by State or federal law or rule, IECC shall not:

  • Threaten to disclose the actual or perceived citizenship or immigration status of an employee, a student, or a person associated with an employee or student to an external party, including immigration or law enforcement agencies;
  • Knowingly disclose, without the consent of the employee or student, anything related to the perceived or actual citizenship or immigration status of an employee, a student, or a person associated with an employee or student to an external party;
  • Use immigration or citizenship status as directory information.

Any person aggrieved by a violation of these prohibited actions may bring a civil action as provided by law.

  • A civil action must be initiated no later than two (2) years after the date of the alleged violation or discovery of the violation, whichever is later.
  • If a court finds that a violation was willful, the court may award actual damages.
  • IECC shall not retaliate against any individual who exercises rights under this Section.

Protection of Lawful Educational Activities  
IECC shall not impede students, employees, or authorized campus groups from offering, attending, or participating in training on constitutional rights and immigration-related guidance. This includes, but is not limited to:

  • “Know Your Rights” trainings or workshops;
  • Distribution or posting of informational materials, flyers, or electronic resources; and
  • Participation in lawful educational activities addressing immigration-related issues.

Such activities shall be permitted in accordance with applicable IECC policies governing facility use, free expression, and campus operations.

Training
IECC employees shall be advised of this procedure to ensure all enforcement matters are directed to the appropriate designated authorities.