Know your rights: a critical step to being prepared

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At Chapman University’s Know Your Rights event, the message was clear: no matter your immigration status, you have rights — and knowing them is the first step to protecting yourself.

On April 18, Chapman University hosted Iris Lopez, a law student at the University of California, Irvine School of Law, and Annie Lai, director of the university’s Immigrant Rights Clinic, for a discussion on immigration law and constitutional rights.

Lai said each individual has their own tolerance level and that students can express their beliefs — but should understand they are taking on certain risks.

Lopez said in these unprecedented times, it is important to understand the law and the best practices for international and undocumented students who may be at risk of having their visas revoked or being deported.

Chapman currently receives federal funding and is therefore bound by the Family Educational Rights and Privacy Act (FERPA), a federal law that protects student privacy. 

Lopez said FERPA prevents Chapman from disclosing any personal identifying information without a student's consent — except in certain cases, such as a judge's order or, more importantly, requests from the Department of Homeland Security (DHS) involving international students on visas.

“This includes but is not limited to a student’s social security number, school number, address or other indirect identifiers like date of birth or place of birth,” she said. 

Lopez said one law that can protect students on campus from U.S. Immigration and Customs Enforcement (ICE) agents is the Fourth Amendment. 

Lopez said you have the right to remain silent, the right to refuse a search unless there is a signed court order and the right to speak to an attorney, regardless of your legal status.

“The Fourth Amendment protects an individual’s right to privacy,” Lopez said. 

But the problem is, there’s no clear answer on what constitutes private. 

“It is all subjective, it all depends on the courts,” Lopez said. 

The courts use a two-pronged test to determine whether an area is considered private: a subjective expectation of privacy and an objective standard of reasonableness, according to Lopez.

She said the courts consider whether the individual believed the area or item was private, and whether society would also recognize it as private.

“It’s not always 100% possible to know which areas are exactly treated as private,” she said. “But what an institution does can make a difference in court.” 

Public areas are open to the public, which include bookstores, parking garages, school courtyards and hallways. 

“ICE agents can come in regardless; they don’t need a warrant, they don’t need permission,” she said. “They can just walk in.” 

Lopez said immigration agents can’t simply walk into private areas — such as staff and faculty offices or dorm rooms — without proper authorization.

“Classrooms, while in session and the doors are closed, are considered generally private,” Lopez said.  

Lopez said ICE requires either a judicial warrant or consent from a faculty member to enter. 

Lopez highlighted the difference between a judicial warrant and an administrative warrant. Judicial warrants, issued by a judge, give law enforcement the legal authority to enter, search or seize private property or individuals. Administrative warrants, issued by agencies such as DHS, do not grant agents the legal authority to enter private spaces.

Lopez said that while these two documents might look very similar, it is crucial to know the difference. 

“(An administrative warrant) looks like an official document, but it's not,” she said. “You do not have to comply with it.” 

Lopez also said ICE agents will use deceiving tactics to make individuals talk, like wearing plain clothing, police uniforms or even identifying themselves as police officers rather than ICE officers. 

“They lie,” she said. “It is important to keep in mind that ICE officers may be undercover or in a disguise when you are interacting with a law enforcement official.”

Lopez said in a worst-case scenario, it’s important to have all necessary documents ready, an emergency contact identified and a red card listing your rights kept on hand.

An important right that was emphasized by Lopez is the right not to interact with ICE officers.

“Ask if you are being detained, if they say no,” she said. “You have the right to walk away.” 

Lei recommended that faculty and students defer travel until more litigation has been settled in courts and all questions have been answered. She added that even those who have legal immigration status, like a green card or work permit, should be cautious. 

If an individual must travel, Lei said to clear data on all personal devices before travel and to comply with officers.

“Take a hard look at what's on your devices,” Lei said. 

Lei said that with the Trump administration, international students have been targeted, including at Chapman, where three international students had their visas revoked. 

She said previously that international students still had the ability to study if their visa was revoked, but now they are being required to leave the country or face consequences. 

“This is very scary for a lot of students,” she said. “It seems like the administration's goal is to have students voluntarily leave.” 

Lai said that in states like California, where undocumented students can pursue higher education, colleges and universities can keep students enrolled regardless of their documentation status. 

“Seeking higher education is not dependent on citizenship,” Lai said. 

Lai said some colleges have been connecting students with resources to help cover the cost of legal counsel. At Chapman, international students can contact iss@chapman.edu with questions about available resources.