Members of our community have asked questions about the impact of executive orders governing immigration enforcement.
The new administration has pledged to stringently enforce existing law and deport large numbers of undocumented immigrants, and the Department of Homeland Security has revoked its “sensitive locations” protocol, which had meant that immigration authorities were not prioritizing college and university campuses or hospitals for immigration enforcement.
However, Homeland Security has not yet issued new protocols, and, to date, nothing has changed in the law regarding enforcement of federal immigration.
If and when changes are made that will impact our campus, we will keep you informed.
FAQs
The new administration has pledged to stringently enforce existing law and deport large numbers of undocumented immigrants, and the Department of Homeland Security has revoked its “sensitive locations” protocol, which had meant that immigration authorities were not prioritizing college and university campuses or hospitals for immigration enforcement.
However, Homeland Security has not yet issued new protocols, and, to date, nothing has changed in the law regarding enforcement of federal immigration on a university campus. At this time, there is no indication that universities will receive greater attention from Homeland Security’s immigration enforcement efforts. To the extent that immigration officers interact with the university, we will expect them to comply with the same standards as any other external law enforcement agency (e.g., to present warrants, subpoenas or other court orders).
Please note that University of Utah Police do not ask individuals about immigration status, will not detain a person solely on the belief they are in the country illegally and will not detain or make arrests solely pursuant to an ICE detainer. Utah Police do not have any agreements with ICE and do not expect to be called upon to enforce immigration law.
If and when changes are made that will impact our campus, we will keep you informed.
The University of Utah is governed by federal laws which preserve the privacy of all members of the campus community, as well as visitors:
U of U Health is committed to protecting patient privacy, and that of employees and students in hospitals and clinics. Patient information remains protected under the Health Insurance Portability and Accountability Act (HIPAA). Send questions to askadmin@hsc.utah.edu.
Consistent with the law, Student Affairs, the Registrar’s Office and Enrollment Management also will protect students’ privacy, regardless of their immigration status or the status of their family members. Student information remains protected under FERPA.
Federal law enforcement, including Immigration and Customs Enforcement or ICE, operates on campus like other local, state and federal law enforcement when exercising a search or arrest warrant.
If federal officers seek to arrest an undocumented person in a public space of the university (outside, in a café, in the lobby of a building), they have the authority to do that and our goal should be to help keep things calm as the arrest is made.
However, if ICE officers seek to arrest someone in a non-public space of the university (a patient area/room, a student housing unit, a classroom, an employee’s office), ICE would have no federal or state authority to enter those spaces without a judicial warrant (an administrative warrant is not sufficient) and the university would have no legal obligation to facilitate such an arrest (e.g., by providing the location of an individual, by allowing entry into a private space, etc.).
In fact, HIPAA and FERPA would prohibit the university from providing information that would facilitate such an arrest of a patient or a student by, for example, identifying the location of a patient/student. Complying/enforcing these other federal laws would certainly not be considered obstruction/interference with an ICE arrest.
However, individual students, staff and faculty would run the risk of being charged with interfering with law enforcement if they intervene while officers make an arrest.
The University of Utah does not ask our students to disclose their immigration status (other than international students who come on visas) and the University does not track a student’s immigration status. We believe that a small percentage of our students may be undocumented, including some who are protected from deportation and granted work authorization under DACA—Deferred Action for Childhood Arrivals. At this time, those with DACA status prior to 2021 can continue to benefit from the program and apply to renew their DACA status.
At least 408,000 undocumented students are enrolled at U.S. colleges and universities. About a third of them have DACA status or are eligible for DACA—an estimated 141,000 people as of 2021, according to a 2023 report from the Presidents’ Alliance on Higher Education and Immigration and the American Immigration Council.
For Know Your Rights resources, undocumented U community members can check websites for the National Immigration Law Center, the American Civil Liberties Unionand the Immigration Legal Resource Center.
If students ask where they can go for support, refer them to the appropriate campus offices:
- Undocumented students, with or without Deferred Action for Childhood Arrivals (DACA), can contact the Office of the Dean of Students for well-being and academic support.
- International students can reach out to International Student and Scholar Services (ISSS) to discuss visas and international travel. Email international@utah.edu or call 801-581-8876.
University leaders urge every member of the campus community to reach out to the many offices providing support for mental health and well-being, including those dedicated to serving faculty and staff and those for students.
No. University of Utah Police continue to be a resource to every member of the campus community. Undocumented members of the community are encouraged to continue reporting incidents of potential hate crimes, interpersonal violence, theft and other crimes to the University of Utah Police.
UUPD will not report an undocumented victim of a crime to federal authorities for immigration enforcement.
University leaders urge all students to reach out to the many offices across campus which provide support to students for mental health and well-being.
International Student and Scholar Services (ISSS) also provides academic advising, guidance about immigration and student visas, opportunities for engagement and student experiences, and case management.
Students and scholars may reach out to ISSS to discuss visas and international travel, by emailing international@utah.edu or calling 801-581-8876. Residents and fellows may reach out to Graduate Medical Education, by emailing gme@hsc.utah.edu, or calling 801-581-2401. Supervisors or managers can reach out to the Office of General Counsel or OGC, by emailing brian.christiansen@legal.utah.edu, or calling 801-585-7002.
Be aware that phishing scams and other identity-based crimes increase during times of confusion. The Office of Financial Aid and Scholarships has posted best practices for Avoiding Student Loan Scams—Identify Scams and Never Pay for Help.
University of Utah leaders, the Office of General Counsel, Government Relations, and the Vice President for Research are monitoring presidential executive orders, funding directives, legislative action, and court rulings. We also are reviewing guidance from higher education thought leaders and our peers at the Association of American Universities (AAU) and the Association of Public and Land Grant Universities (APLU).
In this rapidly evolving environment, we will update campus stakeholder groups when policy changes and their implications are clear and/or imminent. The Office of the Vice President for Research has ongoing updates for federal grant funding, and the Office of Sponsored Projects has an Executive Actions and Federal Agency Updates resource. University of Utah Health leaders are communicating with patients and heath care providers.
Follow announcements in @theU and direct email messages from the president and senior vice presidents. Please don’t hesitate to reach out with specific questions or concerns to president@umc.utah.edu. Staff will answer them as more information becomes available.