Dear Colleagues:


Along with much of the nation, we have been following recent developments regarding the immigration status of students and staff on college campuses. Led by University Counsel James Floyd, the University has developed the following guidance that may help you if law enforcement officers come to your classroom or office.

I wish you all the best as we hurtle toward the end of the semester.

Mark



FACULTY AND STAFF GUIDANCE ON CAMPUS VISITS BY LAW ENFORCEMENT INCLUDING IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)


Several offices have received questions and concerns about the prospect of Immigration and Customs Enforcement (ICE) coming to Middle Tennessee State University’s (MTSU) campus to detain or arrest individuals based on their citizenship status. In most respects, a campus visit by ICE should be treated no differently than a visit by any other federal or state law enforcement agency.

Initially, it is important to note that ICE or other law enforcement officials may be on campus for reasons unrelated to enforcement actions, such as career recruitment. Also, the University is required to report certain information about F-1 or J-1 visa status students to ICE. This reporting is standard practice, and the university must comply with on-site visits to review records when requested.

Areas open to the general public (like the lobbies of buildings and outside spaces) are also open to law enforcement officials, who may enter without a warrant. MTSU cooperates with law enforcement agencies but requires compliance with applicable laws, including FERPA and Tenn. Code Ann. § 10-7-504(a)(4)(A). Typically, a law enforcement agency must present a judicial subpoena, warrant, or court order to comply with the law and enter a non-public space (like student housing or classrooms) or obtain private information. ICE is treated the same way as any other law enforcement agency, and MTSU will continue its general practices if it receives inquiries and requests from ICE. With this in mind, below are some recommended steps faculty and staff can take in the unlikely event they interact with ICE agents. I encourage faculty and staff to consider the guidelines below when interacting with law enforcement on campus.

•    Remain calm and professional, and do not take any action that could be perceived as interfering with the officer.
•    Politely ask the law enforcement official for their name, identification, and agency affiliation, if not already provided.
•    If law enforcement asks an employee to take action outside the scope of the employee’s authority, e.g., accept service of a subpoena, sign a document, or request access to a private area or information, politely advise the officer(s) that you are not obstructing their process but have been instructed to notify the MTSU Police Department along with the Office of the University Counsel and that they will need to wait for those offices to engage.
•    Employees may respond: “I understand you are here for law enforcement purposes, but I am not authorized to grant you permission to enter nonpublic areas or accept any documentation on behalf of the university. I need to contact the MTSU Police Department and the Office of the University Counsel.”
•    Call the MTSU Police Department at 615-898-2424 and notify them of the officer’s presence, providing your location and name.
•    Call the Office of the University Counsel at 615-898-2025 for legal advice on responding to any request.
•    Do not obstruct law enforcement.