Visits to Campus from U.S. Immigration and Customs Enforcement (ICE)
FIT recognizes that visits from immigration enforcement officials can raise questions and concerns for students, faculty, and staff. The College has established internal procedures to help ensure that any interaction with U.S. Immigration and Customs Enforcement (ICE) is managed in a coordinated, professional, and legally compliant manner while respecting the rights and privacy of members of the campus community.
Because questions about ICE activity on campus often involve legal, privacy, and safety considerations, members of the FIT community may have questions about what ICE agents can and cannot do, what rights individuals have, and what steps should be taken if an encounter occurs. The information below is intended to provide general guidance for students, faculty, and staff and to help clarify common questions about campus access, privacy, records, and institutional procedures.
Members of the community who encounter ICE agents or receive requests for information or documentation should contact Public Safety immediately so that the appropriate institutional offices can respond in accordance with College procedures and applicable law. These FAQs are informational in nature and do not replace the College's internal response procedures.
Campus Access and Procedures
ICE Agents may enter public areas on campus without a warrant. These are areas on campus open to the general public. Generally, these are areas where campus IDs or a visitor’s pass are not required for access, including some lobbies, galleries, plazas, The Museum at FIT, and outdoor spaces (e.g., plazas, public streets and sidewalks).
A judicial warrant is signed by a judge and provides legal authority to enter private spaces.
An administrative warrant is signed by an ICE official and does not grant the same authority to enter non-public campus areas.
A subpoena is a separate legal instrument that may require the production of information through appropriate legal channels but does not, by itself, authorize immediate entry into non-public campus spaces. Requests for records and requests for physical entry should be treated as distinct legal processes. Requests for records (including student or employee records such as personnel files, payroll information, schedules, or immigration-related employment documents) will be directed to the appropriate institutional office and should not be fulfilled or confirmed on the spot.
If approached by ICE agents, ask for credentials. In a professional and courteous manner, ask for :
- the agents’ credentials (full name, agency/organization, badge number, etc.);
- a business card; and
- any legal documents (warrant, subpoena, etc.).
Do not accept service of a warrant or subpoena.
- In response to questions or the attempted service of a warrant or subpoena, you can say: “I am not authorized by the College to grant permission to enter non-public areas, provide information about individual students or employees, or accept service of documentation on behalf of the College,”
- Then, refer the agents to Public Safety located at 236 West 27th Street (x7-7777).
- Public Safety will contact the Office of the General Counsel and will help coordinate the College’s response.
Employees should not:
- independently page, call, escort, or otherwise facilitate access to any student, employee, or campus area in response to an ICE request unless directed through Public Safety or the designated institutional response process; or
- search College systems, confirm schedules or locations, or disclose any nonpublic or directory information on the spot.
Students on campus generally do not have to speak with ICE agents and have the right to remain silent, even if ICE agents are lawfully on campus.
In general, ICE agents must have a judicial warrant or subpoena to access nonpublic or restricted areas (areas not open to the public, such as classrooms, housing, and areas requiring an FIT ID card). However, exigent circumstances (for example, the risk of imminent harm to people or property) may allow for access to college buildings or people without consent or a warrant.
Employees should not interfere and should immediately contact Public Safety.
Employees should document the activities they observe, if possible, and without obstructing the agents. Employees should also avoid any actions that could be construed as assisting, directing, or coordinating ICE access to individuals or non-public areas unless instructed through Public Safety.
Yes. Private residential spaces, including individual dorm rooms, are considered
non-public and receive the highest level of protection.
ICE cannot legally enter these areas without a judicial warrant that specifically states the area(s) within the dorm that may be entered, or with the occupant's voluntary consent. Shared spaces within residence halls (such as lobbies, hallways, lounges, and other common areas) may require a fact-specific analysis depending on access restrictions, institutional policy, and whether the general public is permitted entry.
Residence hall common areas should be assessed based on access controls, signage, and institutional practice, including whether entry is restricted to residents and authorized individuals.
Privacy, Records, and Information Requests
FIT’s FERPA policy classifies student data into directory information, which can be disclosed without consent unless an opt-out is filed, and non-directory information, which requires written consent for release.
Non-directory information is highly sensitive and protected, and its release to third parties is prohibited without prior authorization. Under FERPA, institutions generally cannot release non-directory student data without a judicial warrant or subpoena that specifically requires such release.
Generally, yes.
The College’s practice is to notify any student(s), faculty member(s), administrator(s), or staff member (s) whose private or confidential information is shared with the government.
However, the law sometimes imposes limits on this practice. For example, a subpoena related to an ongoing criminal investigation may be accompanied by a judicial nondisclosure order prohibiting the College from disclosing any information about the subpoena to the affected individual (or anyone else). In such limited circumstances, we do not provide notice.
There is no legal requirement to notify the community. In the interest of public safety, notification decisions are guided by consideration of the specific circumstances to prevent misinformation or panic.
Consistent with the understanding that there is no obligation for employees to provide information about individual students or employees, there is no obligation to either confirm or deny the presence of any individual when approached by ICE agents.
Administrators generally have no legal obligation to assist Immigration and Customs Enforcement (ICE) agents unless the agents present a judicial warrant signed by a judge that expressly specifies the location on campus where the employee or student can be found.
Administrators should not independently attempt to locate, confirm schedules, or otherwise assist in identifying the whereabouts of any student or employee unless directed through Public Safety or the College’s designated response process.
Public Safety and Institutional Response
Public Safety serves as the College’s primary institutional point of contact for all interactions with ICE or other law enforcement agencies.
Upon contact, Public Safety should request identification and, where possible, copies of any legal documents, notify the Office of General Counsel and other designated officials, document the encounter, and coordinate the College’s immediate institutional response.
Following any encounter with ICE or other law enforcement, the College should preserve relevant documentation, including written notes, correspondence, legal documents, and, where appropriate, access logs or video footage. An internal incident summary should be prepared and retained in accordance with FIT policy.