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Guidance on Government Enforcement Officials (including ICE) actions, and limits to non-public spaces and information

Guidance on Government Enforcement Officials (including ICE) actions, and limits to non-public spaces and information

The University is providing guidance to university employees regarding situations where government enforcement agents, including from U.S. Immigration and Customs Enforcement (ICE) and the U.S. Office of Inspector General, request access to University non-public areas, records or other information. Non-public areas include, without limitation, private offices, residence halls, classrooms while classes are in session, areas restricted by key card, locked doors or monitored entryways, locker rooms, laboratories, kitchens and food preparation areas, maintenance areas, and storage facilities.

If government enforcement agents request access to non-public areas, records or other information, please follow these protocols:

  1. Do not say or do anything that could be construed as an unwillingness to cooperate, and do not interfere with or obstruct the actions of the agents.
  2. Ask the agents to wait in a public area and explain that you will contact University representatives that can assist them. Do not invite them to enter or consent to them entering non-public areas of the University.
  3. Call the University’s Police Department (UMPD) at (301) 405-3555 (or, in an emergency, 911) and the Office of General Counsel (OGC) at (301) 405-4945. They can offer advice and review any warrants, subpoenas, or other documentation that might be presented by the agents. If possible, provide UMPD and OGC with the names of the lead agent and their agency, and any information you have about the purpose of the request or visit.
  4. Do not disclose personal, confidential or sensitive information, including but not limited to names, addresses, or immigration status, without first contacting OGC. OGC will advise on the information that may be released.
  5. If presented with a subpoena or warrant, ask the agents to wait in a public area while you contact UMPD and OGC to assist them, and inform them that you are not authorized to accept service of a subpoena or warrant on behalf of the University or any other person.
  6. If agents attempt to enter non-public areas, state, “I am not authorized to consent to your entry, but I will call UMPD to assist you.” If agents enter non-public areas without your consent, call UMPD and OGC and alert your supervisor. Under no circumstances should you attempt to physically obstruct agents’ activities.

Please share this information with employees, especially those in public-facing roles, to ensure they are prepared to respond appropriately and in compliance with the law.

If you have any questions, please contact OGC at ogc@umd.edu or (301) 405-4945.