The primary agency for immigration enforcement is U.S. Immigration and Customs Enforcement (ICE) which falls under the Department of Homeland Security.  Recently, U.S. Customs and Border Protection (CBP) has also begun assisting ICE with immigration enforcement activities in the interior of the U.S.  Additionally, as a result of executive orders issued by President Trump, ICE may also work with state and local law enforcement agencies as well as other federal agencies including, but not limited to, the FBI, ATF, DEA and the U.S. Marshals Service when conducting immigration enforcement actions (partner agencies).

Historically, enforcement in such locations has been rare. For several years, ICE maintained a policy limiting immigration  enforcement at certain “sensitive” or “protected” locations such as schools and hospitals. However, on January 21, 2025, the Department of Homeland Security rescinded that policy. Since then, ICE enforcement actions at formerly designated “sensitive” or “protected” locations have increased.

For the purposes of this guidance, “ICE enforcement” or “immigration enforcement” means any official action that ICE or a partner agency could conduct on the university’s campuses or at its affiliated hospital (including outpatient facilities) to enforce U.S. immigration laws. This could include detaining, questioning or arresting students, employees or patients and seeking to obtain records or other information pertaining to such individuals, including protected health information (PHI) and information ordinarily protected under FERPA, HIPAA or other privacy laws. Such enforcement actions could also include requesting to conduct an I-9 audit. Of course, it is possible that ICE may want to take more than one action in a given case.

The most common way ICE initiates an immigration enforcement action is by using warrants and subpoenas.  ICE can use two types of warrants and subpoenas: judicial warrants/subpoenas and administrative warrants/subpoenas.

• A judicial warrant is a warrant issued by a judicial court and signed by a judge.  Judicial warrants are issued by both state and federal courts.  Note that a warrant signed by an immigration judge is not a judicial warrant.
• A judicial subpoena is a formal written order issued by a judicial court and signed by a judge.  Judicial subpoenas are issued by both state and federal courts.  A judicial subpoena compels testimony or the production of documents.
• Administrative warrants and subpoenas are formal written documents issued by a federal agency (such as DHS for immigration enforcement) and signed either by an agency official or an immigration judge. 
• An administrative warrant does not authorize agents to access or search private spaces within a building and an administrative subpoena does not compel the production of documents or information. 

As a general matter, when dealing with ICE or other law enforcement agencies, the best practice is to designate one senior on-site “Administrator” who can respond to the situation and has direct access to university legal counsel. This designation could be by school, department or building. Regardless of title, the Administrator should be knowledgeable about the university’s rights and responsibilities with respect to immigration enforcement activities and any changes to government policy. Designating a back-up Administrator for off or after hours is advisable.  All employees should be given the name and contact information for the designated Administrator(s).

If you are not the Administrator, you should ask the agent to wait while you contact the Administrator. You can state, “I am not authorized to let you enter beyond this area. I will call [Administrator] now so they may speak with you.”  ICE is using increasingly aggressive tactics to intimidate individuals into cooperating with federal agents. Accordingly, when dealing with ICE (or any law enforcement official), it is important to be professional and remain calm.  You should tell the agent that the university has a process for responding to law enforcement requests, and you are not authorized to provide them with information or access to non-public areas of the facility.  You can state, “I am not authorized to respond to questions but will call [Administrator], who may be able to do so.”

1. Request the agent’s official identification and business card.
2. If you are in a loud and/or busy public space, ask the agent to accompany you to a quiet area away from other employees, students or patients.  If there is no such area nearby or if the agent’s presence is causing a disturbance to others in the area, ask the agent to step into an office or room away from the reception area/lobby or other public location. In such event, be clear that by moving to a more secluded area you are not granting the agent access to the facility. The purpose of moving to a quiet or less occupied area is not to grant consent to the agent to access private spaces within the facility, but to move the agent to a space where you can have a quiet and uninterrupted conversation about why the agent is on the premises and determine whether the agent has any legal documents to present to the university.
3. Ask the agent to give you whatever legal document(s) s/he has, if any.  Thoroughly review any paperwork the agent presents and ask to make copies of the documents.  If the agent denies you the opportunity to make copies of documents they present, write down the agent’s name, badge number and which agency the agent works for, along with as much information about the presented documents as you are able.  All documents and/or information you acquire from the agent should be communicated to the university’s Office of General Counsel (OGC) as soon as possible.
4. Upon determining the reason for the agent’s purpose on university property and receiving legal documents from the agent (if any), ask the agent to wait while you contact an attorney in OGC.  An OGC attorney will review any documents or information you obtain and will provide guidance regarding further interaction with the federal agent. The agent may not want to wait, but it is the university’s right to review any document that the agent says gives him/her the right to access non-public areas of the university (or other non-public premises controlled by the university) or the university’s non-public information.

Public spaces are those parts of the university’s campuses or university out-patient clinics that are readily accessible to the public such as lobbies and receptions areas, bookstores, gift shops, libraries or other spaces that are open to the general public. Federal agents may access those public spaces the same as members of the general public.  A private space or building is one that is not open to the general public and where students, employees and patients who may be working, studying, residing or receiving care in these spaces would have a reasonable expectation of privacy. 

If the agent seeks to arrest, remove or question a specific individual, the agent may have a judicial or administrative warrant pertaining to that person.

• If ICE attempts to engage in enforcement activities on campus in a public space you may approach the agent to request identification, inquire about their purpose on university property and request to see a warrant.  However, if the agent refuses to interact with you or refuses to provide the requested information and/or documents, you should remove yourself from the scene of the enforcement activity and immediately contact WashU Police or Protective Services and OGC. In a public space, ICE can execute either a judicial warrant or an administrative warrant.
• If ICE provides you with an administrative warrant seeking to arrest or remove an individual who is located in a private university space, the designated Administrator should follow the procedures set forth above.  In this situation, the university is not legally required to grant the agent access to the private space. The only document that provides ICE or other law enforcement officials the right to immediately enter a non-public area of the university is a judicial warrant signed by a judge specifically naming the location where the agent is permitted to enter and the name of the person to be arrested.

It is important to note that federal law prohibits hiding evidence, concealing individuals who are the targets of law enforcement (including immigration enforcement) or interfering with an arrest. University community members should never physically interfere with an enforcement action or do anything to put themselves in physical danger.

If you are not provided a judicial warrant or judicial subpoena, you may decline to provide ICE with access to private university spaces or private records/information. However, it is highly recommended that legal counsel in the university’s Office of General Counsel be consulted before refusing a request by ICE or partner agency.

ICE may decide to achieve its objective in another way that does not involve the university.  Alternatively, ICE may go to court, seek a judicial warrant/subpoena, and return to the university.

Once an OGC attorney has determined that the judicial warrant is valid and enforceable on the university, it is reasonable to request that the agent work with the university to minimize disruption to students, employees and/or patients. For example, an effort to minimize the agent’s access to residence halls, laboratories or patient care areas can be made if it would not obstruct the agent’s execution of the warrant. The Administrator, or other suitable senior administrator, should handle these discussions and accompany the agent as he or she executes the warrant.

 During business hours 8:30 a.m. to 5:00 p.m. Monday through Friday you can contact the Office of General Counsel at 314-935-7323.  Outside of regular business hours or if you are unable to reach an attorney during business hours, contact:

• WashU Medicine Protective Services at 314-362-4357; or
• WashU Police at 314-935-5555.

WashU Police and WashU Medicine Protective Services officers are available 24/7 and can reach an OGC attorney at all times.