Student’s rights when interacting with ICE on campus

Temple students and faculty are adjusting to President Donald Trump’s sweeping changes to immigration policy as community advocates step forward to remind both documented and undocumented students of their legal rights. 

Temple community members have hosted teach-ins, canvassed and spread the word through social media advocacy while also calling for the university to act further in defense of immigrant students. 

During a Feb. 5 Immigrant Rights teach-in, law professor Jaya Ramji-Nogales emphasized that Trump’s executive orders are not absolute, meaning they require congressional approval and cannot override federal law. Attempts by the administration to eliminate rights like birthright citizenship are already being blocked by courts. 

The administration’s immediate actions expanded ICE’s ability to deport people on an accelerated timeline, without a hearing before a judge. Future plans promise mass deportations and enabling ICE raids in protected spaces like schools, hospitals and churches. 

“The goal is really shock and awe and this politics of exhaustion, right?” Ramji-Nogales said.  “The good news is, the immigrant rights community is really organized. We know what’s coming, and we want to build power, not fear.” 

Under the new administration, immigration policies will place many immigrants at higher risk of deportation, including those who have outstayed their visas, green card holders, asylees and immigrants on parole. 

In response to these policies, a group of students formed Temple Immigration Rights Advocates, which announced its formation in a Jan. 29 social media post. Through community outreach, workshops and accessible resources, the group said it pledges to safeguard the rights, safety and wellbeing of immigrants in Philadelphia.

“We were feeling very hopeless; it’s been difficult to see people like us and like our families being attacked,” said Ana Gonzalez, one of the founders and president of TIRA. “We need to further this goal of informing and advocating for immigrants, and giving them the tools to do that themselves.”  

Though fear has circulated throughout the city, students have inherent legal protections in place along with resources available at Temple. Here is an overview of students’ rights during interactions with ICE, utilizing information from Temple’s administration and the Know Your Rights Pennsylvania campaign.  

If interacting with ICE: 

1. Everyone has the right to remain silent under the Fifth Amendment. 

2. Everyone has the right to ask officers to declare their jurisdiction. ICE is legally obligated to identify themselves when asked. 

3. On campus, ICE must receive clearance to enter areas restricted to the general public. This includes any of Temple’s residential, educational and recreational facilities. Temple has the right to refuse entry without a judicial warrant. 

4. Everyone has the right to ask, “Am I under arrest?” If the answer is no, they may walk away. 

If undocumented: 

1. Every individual is entitled to fair treatment under U.S. law regardless of immigration status. 

2. Everyone has the right to remain silent and does not have to discuss personal immigration or citizenship status with the police or other immigration officials. Anything told to an officer may later be used against the defendant in immigration court.

3. Everyone has the right to due process, including the right to an attorney. 

4. Individuals do not have to provide their foreign passport. 

5. ICE needs personal consent to search a person without warrant. 

If documented 

1. Carry proof of U.S. citizenship and presence at all times. Citizenship documents include birth certificates, passports, IDs and certificates of naturalization. Proof of presence includes mail, property or employment records. 

Reporting ICE activity: 

1. It is legal to record ICE as long as there is no interference with their proceedings. If asked to stop, individuals must comply. ICE cannot seize phones without a warrant. 

2. Write down details immediately after the incident. Record badges, uniforms, license plates and conversations. Verify locations including landmarks, street signs and buildings. 

3. Temple has asked that any sighting of ICE be immediately reported to the Office of University Counsel at 215-204-6542.

Temple has received visits from ICE since 2009 and uses the university visitor policy to coordinate such visits, a university spokesperson told The Temple News in late January. 

Despite the university’s assurance of these protections, unverified reports of ICE have been circulating in Temple students’ social media circles, raising concern for the extent of Temple’s safeguarding abilities. 

“Our world is very chaotic right now, and even if it’s unintentional, a false report can create lots of fear,” said Lizbeth Lopez-Apolinar, a TIRA founder and vice president. “You see reports and maybe want to repost it to be helpful, but that might be old or inaccurate information. We have to be as careful as we can to differentiate.”

Gonzalez encourages students to continue finding ways to take action and support one another. 

“We want students to know how to advocate for themselves,” Gonzalez said. “It is a scary time, but it’s good to shift your focus and see what you can do during these times to help.”