Immigration Status Privacy and Law Enforcement Interactions Procedures

Purpose

To implement Illinois law and University policy to:

1. Protect the privacy of student and employee citizenship or immigration status; and

2. Develop guidelines for the University’s response to law enforcement requests to enter campus for civil immigration enforcement.

Scope

The University of Illinois Chicago and employees as defined in 110 ILCS 167/18.

Procedures

  1. Privacy and Non-Disclosure
    1. The University must not threaten to disclose or knowingly disclose the actual or perceived citizenship or immigration status of any student, employee, or associated person to external parties, without consent of the student, employee or associated person, unless required by State or federal law.
    2. Employees must maintain privacy and confidentiality in accordance with applicable University policies and State and federal laws.
    3. As reflected in the UIC Student Records Policy, directory information under the Family Educational Rights and Privacy Act of 1974 (FERPA) does not include immigration status, citizenship, place of birth, nationality, or national origin.
  • Authorized Review Required: Any request from law enforcement, other than the University of Illinois Chicago Police Department (UICPD), to enter campus or to access a student or employee for civil immigration enforcement purposes triggers the following:
    • Refer the agent to UICPD and call UICPD’s non-emergency number at 312-996-2830 to notify them of the agent’s presence.
    • If any legal documents (warrants, subpoenas) are presented, do not accept them. Direct the agents to UIC Police.
    • UICPD will coordinate with the Office of University Counsel (OUC); a Designated Official or Unit Executive Officer, or authorized designee, may also contact OUC directly regarding requests to enter campus, including judicial warrants or orders, nonjudicial warrants, and subpoenas, but should route through UICPD when possible.
    • Employees should document the interaction when feasible: date, time and details of the interaction, and, if available, the name of the agent, agency affiliation, identification number, and contact information.
    • UICPD and OUC will determine whether to notify and seek consent from the student/employee if the agent requests access for civil immigration enforcement purposes.

These procedures do not override applicable University policies or laws and shall be interpreted consistent with 110 ILCS 167/18, including its definitions, and other applicable law. Employees must comply with all applicable State and federal laws when interacting with law enforcement agents and must not unlawfully impede, obstruct, or interfere with the actions of law enforcement agents.

 

Nothing in these Procedures limits:

  1. The University’s compliance with valid judicial warrants, orders, or subpoenas, or with other applicable laws (e.g., FERPA, 8 U.S.C. §§ 1373, 1644, 8 U.S.C. § 214).
  2. The University’s ability to disclose information when permitted or required by applicable State or federal laws.

Additional information may be found at the Know Your Rights webpage.