ICE Protocol

Protocol No: GC001

Statement

This protocol serves as a guideline for all FIT personnel in the event of an encounter with Immigration and Customs Enforcement (ICE) agents on campus. These encounters must be handled with respect, strict adherence to legal requirements, and professionalism. Any attempts to impede ICE operations are not permissible, as agents may have legitimate reasons to be on campus. Any interference with their duties may have serious legal consequences and could compromise compliance with federal law. This protocol intends to balance individual rights with federal laws.
Education Opportunity Act, 20 U.S.C. § 1015b. 

Who Should Read This Protocol

All members of the FIT community, including faculty, staff, and students.

Protocol Information

  • Responsible Administrator(s): General Counsel and Secretary of the College
  • Responsible Office(s): Office of the General Counsel
  • Implementation History: Issued March 2024
  • Contact(s):  For inquiries, or to report ICE activity on campus, please contact the designated college repsentative(s) below. These individuals are designated as primary representatives and will assemble to manage the situation effectively. 

    • Cynthia Glass, EdD – for employee-related ICE engagements
      Vice President for Human Resources
      (212) 217-3650

    • Tardis Johnson, EdD – for student-related ICE engagements
      Acting Vice President for Enrollment Management and Student Success
      (212) 217-3800

    • Jacqueline Jenkins – for non-credit student-related ICE engagements
      Interim Executive Director for the Center for Continuing and Professional Services 
      (212) 217-3315

    • Jasonpaul McCarthy – for Precollege-related ICE engagements
      Executive Director for Precollege Programs
      (212) 217-4632

    • Mario Cabrera 
      Director of Public Safety
      (212) 217-7777

    • Stephen Tuttle, JD
      General Counsel and Secretary of the College
      (212) 217-4030

Definitions

  • Immigration and Customs Enforcement (ICE): A federal agency responsible for enforcing immigration laws and investigating customs violations.

  • Family Educational Rights and Privacy Act (FERPA): A federal law that protects the privacy of student education records. Campus community members must ensure compliance with FERPA regulations, especially concerning non-directory information.

  • Public Spaces: Areas on campus that are open and accessible to the general public. Generally, these are areas where campus IDs/a visitor’s pass are not required for access, including some lobbies, galleries, The Museum at FIT, and outdoor spaces (e.g., public streets and sidewalks).

  • Private Spaces: Areas requiring campus IDs/a visitor’s pass for access, such as faculty and administrative offices, classrooms, laboratories, residence halls, and the student cafeteria.

  • Administrative Warrant: A warrant issued by a government agency that allows for searches or arrests in Public Spaces related to regulatory or enforcement actions. It does not authorize ICE agents to enter Private Spaces. See sample Administrative Warrant which illustrates the distinctions of an immigration subpoena issued by a non-judicial federal agency of the government.

  • Judicial Warrant: A warrant issued and signed by a federal court judge or magistrate that requires probable cause to believe a crime has been committed, authorizing law enforcement to arrest an individual and/or search premises, including Private Spaces. It will also include a time frame within which the search must be conducted, a description of the premises to be searched, and a list of the items to be seized. See sample Judicial Warrant, which illustrates the distinctions of a lawfully issued judicial warrant issued by a federal court. 

  • Exigent Circumstances: Urgent, unforeseen emergencies in which immediate action is required without a warrant.  If the ICE agents claim exigent circumstances, college officials should not interfere with their attempts to gain access to Private Spaces. Examples of exigent circumstances include investigation of acts of terrorism, an imminent threat to public safety, a clear and immediate risk of injury or harm to individuals, or the risk of a suspect fleeing.

Procedures

Initial Encounter

  • All staff members are required to maintain a calm, collected, and professional demeanor during any encounter with ICE agents. It is important that staff remain composed to de-escalate potential tension.
  • Staff should direct ICE agents to the Public Safety Office at 236 West 27th Street, 1st floor and immediately contact Public Safety (ext. 7-7777) to let them know the agent(s) are on their way.  (Recommend location within Public Safety where video monitoring is present.)
  • Public Safety should then contact the designated college representative(s).
  • Public Safety should request the identities (names and titles) of the ICE agents, along with the purpose of their visit to campus.
  • The ICE agents should be informed that authorized college representatives have been notified and are on their way to meet with them. Emphasize to the ICE agents that the college will fully cooperate in accordance with the law and is not attempting to obstruct their operations.
  • Public Safety must record detailed information regarding the location of the encounter, the nature of the interaction(s), and any specific requests made by the ICE agents to the designated college representatives.

Upon ICE Arrival to Public Safety

  • Upon arrival at the Public Safety Office, the appropriate designated representatives will inquire about ICE’s purpose on campus.  
  • The representatives will require the following information and documentation from the ICE agents:
    • Purpose on campus
    • Names of the agents
    • ID badges
    • Agency affiliation
    • Telephone number and business card
    • Any legal documentation (e.g., subpoena, judicial or administrative warrants). Obtain copies of any documentation presented by ICE.
    • Ask the agent who at the agency the college call with follow-up questions
  • Any documentation presented by ICE must be thoroughly reviewed by the General Counsel or their designee. Public Safety shall require ICE to stand by while this documentation is reviewed.
  • The designated college representatives are not required to provide any information to the agents about whether any named individuals are present on campus.  However, no attempt should be made to hide or assist employees or students in leaving the college campus, nor provide false or misleading information, or discard any important documents or information.
  • Upon review of the documentation by the designated college representatives, it will be determined whether the warrant meets the requirements we have set (i.e., valid judicial warrant).  If there appears to be a deficiency in the documentation, the ICE agent should be informed immediately and asked if they could return with valid documentation.  If the agent refuses we cannot physically prevent him from proceeding.  However, we are under no obligation to assist him/her by offering information to locate the student or employee.
  • The designated representatives will determine the best course of action based on ICE’s purpose and ICE’s legal authority to proceed, in consultation with the Offices of the General Counsel and the President.

Privacy Considerations

  • If ICE presents a valid judicial warrant and has the jurisdiction to conduct an arrest, the designated representatives may request that the arrest (taking into custody) be moved to a more private location (e.g. Public Safety office) to protect the arrestee’s privacy, particularly if the arrest would otherwise occur in a Public Space.
    • Ask the agent: “Must this interaction be done on college property?” “Can it be done elsewhere/not during school hours?”
    • Ask the agent: “How can we work together to minimize disruption to the college environment?”
  • FERPA: The campus community must remain aware of the college’s Family Educational Rights and Privacy Act (FERPA) policy when engaging with ICE agents.  If ICE agents ask for student records, or non-directory information contained in student records (e.g., on-campus address or class schedule), remember:
    • FERPA only permits school officials to disclose students’ education records with the student’s prior written consent unless there is a court order or lawfully issued subpoena (see attached sample subpoena); or
    • If there is an emergency impacting the health or safety of the student or other individuals.  
    • If the agent does present a court order or lawfully issued subpoena, then the college must notify the student of the court order or subpoena before disclosing the records to afford the student an opportunity to seek protective action.
    • If the student is a matriculated minor or is participating in the Precollege Program, ask the agent if the student’s parent or legal guardian has been notified.
    • The college is committed to safeguarding its students’ personally identifiable information in accordance with FERPA laws, as well as upholding federal immigration laws.

Documenting ICE Encounters

All encounters with ICE must be thoroughly documented and shall reflect the following information:

      • Record the exact time of arrival and departure of ICE agents during the encounter to establish a clear timeline.
      • Document the full names, titles, agency affiliations, and identification numbers of all ICE agents involved to ensure accurate accountability.
      • Clearly note the type of warrant presented (administrative or judicial), if any, and obtain legal guidance to confirm its validity and effect.
      • Provide a detailed description of the purpose of the ICE visit (as stated by ICE) and any specific requests made by the agents, ensuring every communication is accurately captured.
      • Record the names and contact information of witnesses present during the encounter, including students or staff members, to establish a comprehensive record
      • Preserve all video footage of the encounter.
      • Note any follow-up actions taken, including consultations with legal counsel, communications with senior administration, and any resultant decisions or directives issued.