Governor Healey, Attorney General Campbell: ICE Needs a Judicial Warrant to Enter Dorms
BOSTON – After ICE agents reportedly lied about an alleged missing child to enter a Columbia University dormitory and arrest a student last week, Governor Maura Healey and Attorney General Andrea Joy Campbell are reminding Massachusetts
“It’s outrageous that ICE agents lied in order to get into a residential building and arrest a Columbia student – but that’s par for the course for these untrained federal agents who are doing President Trump’s bidding and making us all less safe,” said Governor Healey. “We want to make sure that students and staff at universities across Massachusetts know their rights. ICE does not have a right to enter any private facilities, including dorms, without a judicial warrant – and you have the right to demand one.”
“When ICE agents enter private campus housing without a judge-signed warrant, that’s not law enforcement — that’s rogue behavior. The law requires a judicial warrant, and people have the right to demand to see it,” said AG Campbell. “My office is actively in contact with colleges and universities, providing guidance and direct support to help them understand their rights and protect their students, faculty, and staff.”
This guidance applies to any public or private entity that provides education and child care services to the public, including child care programs, K-12 schools and colleges and universities. These educational entities are encouraged to designate areas within their facilities that are closed to the public and post signs to identify these areas as nonpublic. Examples include classrooms, offices, hallways, and stairwells. At higher education institutions, private spaces include dormitories, research laboratories, and faculty and staff offices.
In January, Governor Healey signed an Executive Order that directs the Executive Office of Education to work with colleges and universities to ensure they have guidance and policies in place for staff interacting with federal immigration officers and requiring a judicial warrant or judicial order for entry into nonpublic areas. The Governor’s Office and Attorney General’s Office are developing updated guidance for schools with recommendations for interacting with federal immigration officers and expect to make it available soon.
Attorney General Campbell has released a ‘Know Your Rights’ guide designed to help immigrants, families, and communities understand their rights and the basic legal framework for ICE actions. The guidance responds to questions the Attorney General’s Office has received about the actions of ICE, the role of local police, and what people should know when they or others are approached by immigration officers. The guide points to additional resources for various stakeholders including service providers, health care providers, K-12 schools, institutions of higher education, and more.
Governor Healey has also filed legislation to keep ICE out of courthouses, schools, child care programs, hospitals and churches; make it unlawful for another state to deploy its National Guard in Massachusetts without the Governor’s permission; and allow parents to pre-arrange guardianship for their children in case they are detained or deported. Her Executive Order also prohibits the state from entering into any new 287(g) agreements unless there is a public safety need, prohibits ICE from making civil arrests in non-public areas of state facilities, and prohibits the use of state property for immigration enforcement staging.
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