ICE Interaction Guide

Immigration Enforcement Interaction Guide

Kentucky State University
Office of General Counsel

Kentucky State University complies with applicable federal and Kentucky law when responding to immigration enforcement activity. University Police and the Office of General Counsel coordinate the University’s response, including requests for assistance, access to University facilities, and disclosure of University records.

Faculty, staff, and students who encounter immigration enforcement officers on University property should contact University Police at 502-597-6878. Requests for University records, questions about legal documents, and questions about access to restricted spaces should also be referred immediately to the Office of General Counsel at 502-597-5071 or general.counsel@kysu.edu.

Applicable Kentucky and Federal Law

Kentucky law establishes the authority and responsibilities of police officers employed by public postsecondary institutions. Under KRS 164.955(1)(a), University Police have a duty to preserve the peace, maintain order, and protect persons and property on campus. KRS 164.955(1)(b) also requires these officers to assist and cooperate with other law enforcement agencies and officers. Requests for law enforcement assistance should therefore be directed to University Police, which will consult General Counsel as appropriate.

Federal immigration officers exercise authority provided by the Immigration and Nationality Act, including 8 U.S.C. § 1357. That statute authorizes specified immigration enforcement activities, subject to statutory conditions, applicable regulations, and constitutional requirements.

The Fourth Amendment to the United States Constitution protects against unreasonable searches and seizures. Section 10 of the Kentucky Constitution provides corresponding protections under Kentucky law. University Police and General Counsel will evaluate requests for assistance, entry, or information in light of these requirements and other applicable law.

ICE Visits to Campus

ICE and other Department of Homeland Security representatives may visit campus for several reasons, including immigration enforcement, requests for information, employment verification inspections, and international student program compliance. The presence of federal officers does not, by itself, establish that an arrest or enforcement operation is underway.

If an immigration enforcement officer approaches you in your University role:

• Contact University Police immediately. Provide your location, the agency identified, and the nature of the request.
• Request identification and the purpose of the visit. If the officer presents a warrant, subpoena, order, or inspection notice, request a copy for University Police and General Counsel.
• Refer requests concerning a particular individual to University Police. Refer requests for information from University records to General Counsel.
• Do not independently evaluate legal documents or consent to a search of restricted University space unless you have been designated to make that decision.
• Remain calm and do not physically interfere. You may ask officers to wait while University Police and General Counsel are contacted. If officers proceed or assert immediate authority to act, do not physically resist.
• Document the interaction when safe. Record the time, location, officers’ identifying information, requests made, and actions taken. Preserve relevant documents and records.

A suggested response is:

“Our University Police and Office of General Counsel coordinate these requests. I am contacting them now. May I have your identification and a copy of any legal documents?”

Access to University Facilities

Federal officers generally may enter areas of campus that are open to the public under the same access conditions as other visitors. These may include public sidewalks, visitor parking, and public portions of buildings during normal operating hours.

Other University spaces have restricted access. Depending on their use and access rules, these may include classrooms, laboratories, offices, records rooms, secured residential areas, and individual residence rooms. An unlocked door does not necessarily make a space open to the public.

Access to a restricted area must have a legally sufficient basis. Relevant requirements include the Fourth Amendment and 8 CFR § 287.8(f)(2), which addresses immigration officers’ entry into nonpublic business, residential, and agricultural areas for questioning.

An employee who is asked to unlock a restricted area, admit officers through a controlled entrance, or consent to a search should contact University Police and General Counsel. Employees who have not been designated to authorize access should explain that they cannot make that decision.

Warrants and Other Legal Documents

Different legal documents authorize different actions. University Police and General Counsel should review the document and determine the University’s obligations.

• Judicial search warrants authorize searches within their lawful scope. Review includes the issuing court, location, authorized activities, dates, and any attachments.
• Judicial arrest warrants authorize arrest of the named person. They do not provide unrestricted authority to search every University facility or another person’s residence.
• Administrative immigration warrants, including Forms I-200 and I-205, are issued within the executive branch and are different from judicial search warrants. Refer them immediately to University Police and General Counsel for assessment of the authority asserted and the particular location involved.
• Subpoenas and records orders may require a response or production of records. They ordinarily do not authorize an immediate search of University premises. An administrative subpoena should not be disregarded merely because it lacks a judge’s signature.

Officers may also assert an emergency or another exception to ordinary warrant requirements. Employees should promptly communicate the stated basis to University Police and General Counsel and should not physically resist officers’ actions.

Requests for Student Information

The Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and its implementing regulations generally protect personally identifiable information in student education records. These protections apply regardless of a student’s citizenship or immigration status. Immigration information maintained in an education record may be protected.

FERPA generally requires consent before disclosure unless an exception applies. Under 34 CFR § 99.31(a)(9), records may be disclosed in compliance with a judicial order or lawfully issued subpoena, subject to applicable notice requirements and exceptions.

Employees receiving an immigration-related request for student records should:

• Send the request and accompanying documents immediately to General Counsel.
• Refer requests for class schedules, housing assignments, addresses, enrollment information, or immigration documents to General Counsel and the appropriate records custodian.
• Preserve responsive records and identify any stated deadline.
• Allow General Counsel to determine the legal basis, scope, required notice, and appropriate response.

Directory information and other FERPA exceptions require separate consideration. Employees should not assume either that all student information is confidential or that information may be disclosed simply because an officer requests it.

Kentucky’s Open Records Act also recognizes confidentiality requirements. KRS 61.878(1)(k) and (l) exclude specified records from public inspection when disclosure is prohibited or restricted by applicable law. General Counsel will distinguish an open records request from a subpoena, enforcement demand, or other legal process.

International Student Reporting and Compliance

Federal law requires participating institutions to maintain and report specified information concerning international students and exchange visitors through the Student and Exchange Visitor Information System, or SEVIS.

8 U.S.C. § 1372 establishes these information requirements and provides a specific limitation on FERPA’s application to information necessary for the program. 8 CFR § 214.3 establishes additional requirements concerning covered student records, reporting, and school compliance reviews.

Requests involving SEVIS, international student records, or program compliance should be directed immediately to the University’s designated school official or responsible exchange visitor official, as applicable, and General Counsel. Required reporting and authorized compliance activities should continue through those offices.

Federal law also contains provisions addressing governmental communication of immigration-status information, including 8 U.S.C. § 1373 and 8 U.S.C. § 1644. 42 U.S.C. § 611a establishes reporting requirements for states receiving specified federal public assistance grants. Questions about the applicability of these provisions, their interaction with confidentiality requirements, and the University’s reporting responsibilities should be referred to General Counsel.

Employment Inspections and Other Records

Requests to inspect Forms I-9 or related employment records should be referred immediately to Human Resources and General Counsel. 8 CFR § 274a.2(b)(2)(ii) ordinarily provides at least three business days’ notice before a Form I-9 inspection. General Counsel will assess the notice and any warrant or other process requiring a different response.

Requests for health records, personnel files, surveillance footage, access logs, or other University records should also be referred to General Counsel and the responsible records custodian. Employees should preserve the requested material and should not waive response periods or release unrelated records without authorization.

Interference and False Information

Federal law prohibits forcibly assaulting, resisting, impeding, or interfering with covered federal officers performing official duties under 18 U.S.C. § 111. 18 U.S.C. § 1001 prohibits specified knowing and willful material falsehoods in matters within federal jurisdiction. 18 U.S.C. § 1519 prohibits specified destruction, concealment, or falsification of records with intent to obstruct a federal matter.

University employees and students should not physically obstruct officers, provide false information, or destroy or alter records to impede an investigation. Questions or objections concerning an officer’s authority should be communicated promptly to University Police and General Counsel.

Assistance and Follow-Up

Student Affairs, Housing, Human Resources, and other appropriate offices may coordinate academic, residential, counseling, or employee support following an encounter. Personal immigration questions should be referred to qualified immigration counsel. The Office of General Counsel represents the University and does not automatically represent individual students or employees.

Media inquiries and proposed campus communications should be referred to news@kysu.edu  for coordination with University Police and General Counsel.

This guide will be reviewed periodically and updated as applicable law, court decisions, and University procedures change.

Immigration Enforcement on Campus

Frequently Asked Questions

Kentucky State University
Office of General Counsel

What should I do if immigration enforcement officers approach me on campus?

Contact University Police at 502-597-6878. Request the officers’ identification, ask the purpose of the visit, and request copies of any legal documents. Refer requests for records or access to restricted spaces to the Office of General Counsel at 502-597-5071 or general.counsel@kysu.edu.

Remain calm. Officers may be visiting for enforcement, records requests, or routine compliance activities.

What law governs the University’s response?

Kentucky State University follows applicable federal and Kentucky law. KRS 164.955 requires University Police to protect persons and property and to assist and cooperate with other law enforcement agencies and officers.

Federal immigration officers exercise authority under the Immigration and Nationality Act, including 8 U.S.C. § 1357. Constitutional protections and applicable confidentiality requirements also govern the University’s response.

May officers enter University buildings?

Officers generally may enter areas open to the public under the same conditions as other visitors. Restricted spaces—including secured residential areas, offices, laboratories, and classrooms—require a legally sufficient basis for entry.

Employees who have not been designated to authorize access should contact University Police and General Counsel before unlocking restricted areas or consenting to a search. An unlocked door does not necessarily make a space public.

What if an officer presents a warrant or subpoena?

Request a copy and contact University Police and General Counsel immediately. Judicial search warrants, arrest warrants, administrative immigration warrants, and subpoenas authorize different actions. Employees should not independently determine their validity or scope.

You may ask officers to wait while the appropriate offices are contacted. If officers proceed or assert immediate authority, do not physically resist.

May I provide information about a student?

Refer requests for information from student records to General Counsel. FERPA, 20 U.S.C. § 1232g, generally protects personally identifiable information in education records, regardless of citizenship or immigration status.

Exceptions and other federal disclosure requirements may apply. General Counsel will determine the appropriate response, including any required notice. Preserve requested records and identify any stated deadline.

What about international student reporting or employment inspections?

Required SEVIS reporting and authorized international student compliance activities continue through the University’s designated immigration officials, in consultation with General Counsel.

Send requests to inspect Forms I-9 or employment records immediately to Human Resources and General Counsel. 8 CFR § 274a.2(b)(2)(ii) ordinarily provides at least three business days’ notice before a Form I-9 inspection.

What should I avoid doing?

• Do not physically obstruct or interfere with officers.
• Do not provide false information.
• Do not destroy, conceal, or alter records to impede an investigation.
• Do not independently release University records or authorize searches beyond your responsibilities.

When safe, document the encounter and provide the information to University Police and General Counsel.

Where should media inquiries or proposed campus messages go?

Media inquiries and proposed campus communications should be referred to news@kysu.edu  for coordination with University Police and General Counsel.