Open Letter to College and University General Counsels on: 1) 8 U.S.C. § 1324 Harboring Liability, and 2) ICE Administrative Subpoenas

NEW YORK – The American Civil Liberties Union this week shared an open letter to general counsels at colleges and universities across the nation outlining their responsibilities and rights when dealing with Immigration and Customs Enforcement (ICE) investigations and enforcement actions. Amid the growing retaliatory crackdown against noncitizen students for their First Amendment-protected speech and advocacy, the open letter explains that colleges and universities are not violating the law by providing housing or services to noncitizen students, including students whose visas have been revoked by the government. It further advises institutions that they are legally able to refuse to comply with warrantless searches of non-public areas, like dorm rooms, by ICE agents. The letter also outlines a legal framework for responding to administrative subpoenas from ICE. In consultation with legal counsel, universities generally maintain the right to not respond to administrative subpoenas unless and until ICE obtains an enforcement order from a judge. Universities also have the right to publicize the subpoenas or alert students if their information has been targeted by an ICE subpoena. “Universities must do everything they can to protect their students from intimidation or targeting by ICE, and they have the legal right to do so,” said Nathan Freed Wessler, deputy director of the ACLU’s Speech, Privacy, and Technology Project. “We reject the federal government’s extreme claim that housing and educating noncitizen students can violate the law. We hope this letter will empower institutions to stand firm in the face of radical bullying tactics.” The letter can be read in full here.