What should you do if a law enforcement officer asks for your identification?

Collage by Easton Clark, Photo Editor

In moments involving Immigration and Customs Enforcement (ICE), knowing your rights isn’t just helpful — it can be critical.

With heightened ICE activity making headlines, some students — particularly international students — say uncertainty about their legal protections and rights has been an increasing concern on campus. 

To help mitigate these fears, Chapman University’s peace studies department hosted a “Know Your Rights” presentation on Feb. 26, educating students on how to navigate interactions with authorities. 

Chapman welcomed Adelaide Apostol, Colleen Tam and Meli Inda, current law students from the University of California, Irvine (UCI) School of Law. With them was also Annie Lai, professor and director of the Immigrant & Racial Justice Solidarity Clinic. 

Apostol says that their work isn’t just community education and making slides.

The student speakers posed different scenarios that one might encounter — laws around student privacy, documents ICE agents might ask to provide and public resources. 

As a private institution, Chapman isn’t required to follow the same guidelines as other public California colleges and universities. However, Chapman must provide some protection for undocumented and non-citizen students, following the Family Educational Rights and Privacy Act (FERPA) and the Fourth Amendment. 

Chapman cannot disclose any personal identifying information in educational records without the student’s consent, including name, address and social security number. The school may disclose records without consent if there is a “legitimate educational interest,” a court order or requests from the Department of Homeland Security (DHS) regarding international student visas. 

The Fourth Amendment protects students on campus from ICE due to the right to remain silent and unreasonable searches and seizures.

The trio of law students said it is tricky to determine the exact protection of the Fourth Amendment, as it is determined by what the courts deem “private property.” It’s a decision influenced by whether the individual believed it was a private area, and if society would consider it private as well. 

Public spaces open to ICE agents include areas that are open and accessible to the public and places of general gathering. On campus, that would include areas such as Memorial Lawn and Argyros Forum. 

Private areas are not open to ICE without a warrant. For students, this includes dorms, private parking lots with an attendant and professors’ offices or class time with the door closed. 

In order for ICE to enter any private space, the speakers emphasize that they must have a warrant signed by a judge or consent from someone who appears to have authority to give it. 

ICE may have an administrative warrant that can fool someone who doesn’t know the difference from a judicial warrant. An administrative warrant looks like an official document, but you do not have to comply with it since it’s not an official court-ordered document. 

The presentation had many students and faculty asking questions. For instance, what should you do if you or someone you know is arrested, or ICE agents enter a private area without a judicial warrant?

Speakers emphasized staying calm and documenting the situation. They also reminded the audience that they have the right to remain silent and not provide any misleading or false information. 

Most audience concerns centered on the possibility of interfering with operations. Tam said that word choice can be important, sending text messages and aiding in hiding someone can interfere with officers’ duties. 

The presentation mentions that when interacting with ICE, do not obstruct their duties, provide false or misleading information, destroy or conceal information or encourage others to interfere. The most you can do is stay calm, document and report from afar and most importantly, know your rights. 

Red “know your rights” cards were handed out in both English and Spanish, containing information on what to do in a situation with ICE. 

International student, Princess Inshuti is in her second year, studying for a masters in international studies. She says that the presentation helped her understand her status in the states, but also built a creeping sense of fear as well.

“It did scare me a bit, but mostly because I need to get more information,” said Inshuti. “But also because it means there (are people) way more vulnerable than I am and that (population) just keeps increasing.” 

Inshuti said that more of the Chapman community should know this information.

“More students do need to be aware of this and resources that would be available if something were to happen to them,” Inshuti said. “Also for faculty, so that they know how to protect students, working alongside the laws that are around it.”

Apostol, Tam and Inda said that some Chapman contacts can connect students with resources and answer any questions about immigration, ICE and legal concepts. 

In the case of ICE off campus, they recommend contacting Public Safety, Legal Affairs and the International Students Services.