Guidance for Responding to Immigration Enforcement on Caltech Premises

Federal immigration officers from ICE, U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS), or other agencies (immigration enforcement officers) may come to Caltech for varied reasons, including requesting employee, student and visitor information or records, conducting administrative site visits for visa compliance and I-9 reviews, and making arrests.

Just like any member of the public, immigration enforcement officers can enter public areas without a warrant. However, such officers are not permitted to access nonpublic areas of Caltech without permission from an authorized Caltech representative[i] or without appropriate legal authorization (e.g., a judicial warrant). Members of the Caltech community are not authorized to provide consent to immigration enforcement officers for access to nonpublic areas or to Caltech records unless instructed to do so by Caltech Security or the Office of the General Counsel. If a Caltech community member provides consent without proper authority, immigration enforcement officers may be permitted to take enforcement action in nonpublic spaces.

[i] Caltech Security maintains a list of Caltech authorized representatives with authority to grant consent.

Members of the Caltech community who are approached by federal immigration authorities should ask for their identification and make a written note of their names and any identifying numbers (such as badge or employee numbers and the agency they represent), make a copy of any documentation they present (to the extent practical), respectfully communicate that you do not have the authority to consent, and let them know you will contact the authorized Caltech representative for further assistance. You should immediately contact Caltech Security at (626) 395-5000.

Nonpublic spaces include spaces where access to the public is limited, including spaces where access is restricted by Caltech ID cards, locked doors, or monitored entryways, campus housing, and other monitored-entry spaces. Additionally, some spaces may be left unlocked during work hours but are still not considered public due to their function, such as faculty and administrator offices, classrooms in session, locker rooms, and other operational facilities.

Absent exigent circumstances, immigration enforcement officers are required to have a criminal arrest warrant or search warrant signed by a judge to lawfully enter nonpublic areas without consent. Immigration judges and ICE officials cannot sign criminal warrants. Frequently, immigration enforcement officers who come to Caltech are acting on civil, not criminal, authority and typically carry administrative warrants. Administrative warrants are not signed by a judge and do not authorize officers to enter nonpublic areas without proper consent of the institution. Without a judicial warrant, even if an immigration enforcement officer presents an order of removal or deportation for a Caltech community member, the institution is not legally required to grant access to nonpublic spaces or assist in apprehending the individual. If an immigration enforcement officer presents a warrant or other document in connection with a request for access to a nonpublic area or Caltech personnel, student or other records, politely communicate that you do not have the authority to consent and that the documentation must be reviewed by the Office of the General Counsel. Immediately contact Caltech Security at (626) 395-5000 for further assistance.

If this is the case, you should immediately contact and refer them to Caltech's International Offices.

Caltech community members should never physically interfere with an enforcement action or do anything to put themselves in physical danger. If an immigration enforcement officer insists on accessing a nonpublic area without consent from the authorized Caltech representative, you should not obstruct their activities but make it clear that you cannot authorize consent. Take note of any identifying information that you obtain and their actions.

Caltech employees who receive a request from an immigration enforcement officer for any information should immediately contact Caltech's Office of General at (626) 395-3241 or Caltech Security at (626) 395-5000 for guidance. This includes requests for information maintained in a student or employee's file, as well as information that may appear in a student's individual coursework. Personally identifiable information in students' education records is protected by a variety of privacy laws including the Family Education Rights & Privacy Act (FERPA) and Caltech employees are required to maintain the confidentiality of these records.

All individuals, regardless of citizenship or immigration status, have civil and constitutional rights under U.S. law. Visit the American Immigration Lawyers Association website "Know Your Rights" for further information and resources. The Access to Higher Education and the U.S. Law and Your Nonimmigrant Status webpages provide additional information and resources.

While inside the United States, U.S. permanent residents and nonimmigrants (international students and scholars and dependents) should carry a document that demonstrates their evidence of registration. See 8 CFR Part 264. U.S. permanent residents will usually carry a green card to fulfill this requirement. International students and scholars and dependents will usually carry a Form I-94 or an EAD card to fulfill this requirement. If choosing to carry a Form I-94, remember that it needs to be a hard copy of an electronic Form I-94. It could be helpful for international students and scholars and dependents to carry an electronic I-20, DS-2019, or I-797 approval notice to further demonstrate their nonimmigrant status. Also, in addition to the registration requirement, the Form I-20 instructs F-1 students to have their Form I-20 with them at all times. For more information, visit the Identification Documents webpage.