Beyond Enforcement: Resources for Students
By Delaney Kerstetter?| John R. Oller Special Projects Editor
This story is the second of a two-part series. The first part was published Thursday in Beyond Enforcement: How ICE presence is impacting students of color at Ohio State
With recent federal operations leading to more than 200 arrests in Ohio, students at Ohio State are seeking clarity on what immigration enforcement could look like on campus.?
To support their school and surrounding communities, students need a clear understanding of their rights, the constitutional limits that apply at Ohio State and the resources available to those who may be affected.
With guidance from immigration lawyers, campus staff and officials, students will better understand these tools and resources; from understanding warrant types and campus access roles to navigating encounters with Immigration and Customs Enforcement, seeking legal support to connecting with community-based safety networks.
Fourth Amendment
Understanding those rights starts with the constitutional protections that shape how and when the constitution can act. The legal foundation that defines these boundaries comes from the Fourth Amendment.
The Fourth Amendment limits the power of state and federal governments to question people, enter private spaces and seize personal belongings. At a 200-person teach-in on U.S. Immigration and Customs Enforcement hosted by the Center for Ethnic Studies on Feb 4., Cesar Cuauhtemoc García 贬别谤苍á苍诲别锄, the George H. Williams Chair in Civil Rights and Civil Liberties at the Moritz College of Law, broke down the amendments protections for students.
“They’re all government officials. They’re all subject to the limitations that the Fourth Amendment imposes on the power of the government to intrude into private affairs,”
García 贬别谤苍á苍诲别锄
“The Fourth Amendment talks about persons, and as a result, it applies to people who are in the United States, regardless of their citizenship status and regardless of their immigration status,” he said.
The amendment prohibits unreasonable searches and seizures. A search occurs when government agents intrude on a person’s privacy to find evidence, while a seizure involves detaining a person or taking possession of their belongings. García 贬别谤苍á苍诲别锄 said the amendment was added to the Constitution to restrain government power.
“If the goal were to allow government officials to more readily arrest people and question more people than they are currently capable of, then we would want to eliminate the Fourth Amendment,” he said. “But the fact that it was added to the U.S. Constitution in the early days after the secession from the English crown is a reminder that one of the concerns that animated that secessionist movement was to constrain the power of the central government.”
Warrant Types
Warrants are central to protecting constitutional rights, but not all warrants carry the same authority. Judicial warrants are issued by a court, signed by a judge and authorized entry into private residences.These must be complied with. Administrative warrants, however, are issued by ICE agents or supervisors and do not authorize forced entry into a home.
Because ICE is part of the Department of Homeland Security, its agents must comply with the Constitution, Garcia 贬别谤苍á苍诲别锄 said.
“They’re all government officials. They’re all subject to the limitations that the Fourth Amendment imposes on the power of the government to intrude into private affairs,” Garcia 贬别谤苍á苍诲别锄 said.
At Ohio State, he said those legal boundaries translate into clear rules about the access ICE has to campus spaces.
ICE interaction on campus
Emily Brown, a clinical professor in the College of Law and director of the Moritz Immigration Clinic, said ICE is permitted to enter public areas of campus without a warrant. Public spaces at Ohio State include areas that do not require special access, such as the Oval, High Street and outdoor areas near the Union.
However, ICE cannot enter non-public areas, including dining halls, dorms, classrooms and offices, without consent or a judicial warrant, Brown said. According to an ICE Interaction Guide put out by Ohio State’s Office of Legal Affairs, non-public areas are defined as private spaces that are restricted by keycard or security.
“Enforcement in the greater Columbus area is not the same as enforcement on campus.”
Chris Booker
For students, the next question is what to do when approached by an agent. Knowing where ICE can be is only part of the picture, students also need to understand what they can say or refuse during an interaction.
The guide instructs university employees and students not to interfere with law enforcement officials, including ICE. Still, Brown emphasizes that individuals retain important rights.
“If you do encounter ice in a public place, you have the right to refuse to answer questions from an ice agent. You have the right to refuse to sign anything or show them any documents, and to say that you won’t do those things until you speak to a lawyer,” Brown said.
When an encounter moves into a restricted area, the university directs the community to rely on local law enforcement and resources.
If agents attempt to enter a non-public area, community members are urged to notify university police, Columbus police and the Office of Legal Affairs. The guide advises individuals to calmly state that they do not have the authority to grant access or evaluate a warrant.
García 贬别谤苍á苍诲别锄 said that remaining calm is absolutely essential in auy encounter with law enforcement.
Though ICE is present in Columbus, there have been no reports of agents on campus. In an email, Chris Booker, a university spokesperson, said “enforcement in the greater Columbus area is not the same as enforcement on campus.”
Resources on campus
Student legal services is a useful resource for students | Photo credit: Shelby Metzger
Beyond immediate encounters, students also have access to legal resources on campus. Several university offices provide guidance or referrals for students to navigate any concerns.
Student Legal Services provides legal help and referrals for students. Brown said SLS handles a wide range of non-immigration issues, such as landlord-tenant disputes, but also employs immigration attorneys. While SLS does not represent individuals detained by ICE, it can refer students to outside attorneys. Students are entitled to SLS services through their tuition and fees.
The Office of Legal Affairs, alongside OSUPD, can evaluate whether a law enforcement agency is properly on campus. Its website offers an Ice Interaction Guide, Proposed Dialogue and Immigrant Warrant and Subpoena Information. The office can answer questions but only handles immigration matters that directly involve the university.
Moritz College of Law also operates an immigration clinic that advocates for vulnerable immigrants, particularly those seeking humanitarian relief such as asylum.
Another layer of protection from students comes from the Family Education Rights and Privacy Act of 1974, which limits what information the university can share.
Students’ educational records are protected under FERPA, Brown said the university is not permitted to disclose student educational records to ICE except under narrow circumstances.?
Across the country, universities and faculty organizations are considering how to support students who may feel unsafe.
The President’s Alliance on Higher Education and Immigration encourages professors nationwide to prepare classroom plans for unexpected ICE presence, know how to contact campus legal offices and support students who feel unsafe.?
The university also wanted to turn students’ attention towards other resources avaliable.
“Information and guidance pages also include directions to the Counseling and Consultation Service (CCS), which has a list of resources on its website. Support and resources are also provided by the Student Wellness Center and the Student Advocacy Center,” stated Booker in an email.
The Moritz College of Law has an immigration clinic that advocates for vulnerable immigrants | Credit: Lantern File Photo
Columbus Involvement
Outside the university, Columbus area mutual-aid groups play a key role in supporting immigrant neighbors.
Carlos Rivas, a professor in the history of art and ethnic studies, said mutual aid is essential for supporting immigrant communities, especially when it comes to groceries, hygiene products and other necessities.?
He said he and colleagues are in the early stages of brainstorming fundraising strategies to support families in need. Working with local churches has helped centralize communication and distribution aid.
One seminar attendee asked what mutual-aid organizations in Columbus could assist neighbors. Rivera encouraged students to start by looking at neighborhood Facebook groups and community associations.
“That’s how we found community and neighbors on the West Side. But if you’re interested in West Side groups, just contact me or Fabi[an Romero],” he said.
Fabian Romero, a comparative studies professor, agreed but noted that many mutual-aid groups operate mostly on a cash-only basis because they do not want a paper trail that could lead back to potential targets.
Students can support immigrant neighbors by helping with grocery runs, providing hygiene supplies, assisting with rent support, fundraising and offering transportation to those avoiding profiling-heavy areas. For safety-oriented mutual-aid groups that avoid paper trails for safety, students can support them by donating items instead of cash when appropriate and respecting privacy protocols.?
For students who want to take a more active role, there are also opportunities to support community safety through protests and legal observing.
Students can also participate in non-violent protests. Protest and public presence have reduced ICE arrests in some cities, including Minneapolis, said Brown.
How to become a legal observer
Students can become a legal observer for these protests. Legal observers are neutral third-party observers who monitor interactions between law enforcement and protestors to protect First Amendment rights and provide evidence for legal defenses, according to the National Lawyers Guild.?
Sumac Gray, a public defender and the Ohio representative for the National Lawyers Guild’s Ohio chapter, said the path to becoming a legal observer is intentionally accessible. Gray noted that volunteers do not need legal background. The only restriction involves conflict of interests.
“Anyone can become a legal observer if they’re trained,” they said. “We don’t let police officers, spouses of police officers or people who are very close family contacts with prosecutors, things like that could present a conflict.”
Gray, who is also an Ohio State graduate, said the Guild offers virtual meetings quarterly. After completing the training, volunteers are added to a regional contact list. Legal observers are not dispatched to every demonstration, protest organizers request that legal observers attend. Once a request comes in, the Guild shares details with members through encrypted channels to protect volunteers’ identities.?
“Encrypted channels help ensure that no one’s in danger of the police kind of keeping track of who’s doing legal observing,” they said.
Other than observing, the Guild offers several other volunteer opportunities.?
Members help lead “Know Your Rights” training on topics ranging from protests safety to traffic stops to immigration enforcement. These sessions include guidance on what to do if stopped by police to ensure safety, as well as knowing rights when dealing with ICE.?
Though many presenters are attorneys, Gray said non-lawyers can participate if they are sufficiently trained to convey information to a general audience.?
The Ohio chapter also runs an education committee that organizes training for both the public and legal community, including workshops on cultural competency and immigration. Volunteers sometimes partner with community groups on one-off events such as name-changing clinics for the transgender community or house-right workshops.?
Gray said the Guild’s main focus is legal observing, know-your-rights training and other larger series.
Ohio State has a Guild student chapter at the College of Law, and the state chapter has previously provided campus training on protest rights, immigration and police encounters. While no new events are currently scheduled, Gray said that if a student group were to invite the Guild, they would participate.?
Another form of support involves sharing accurate information, students can help monitor and circulate general alerts about ICE presence, without spreading panic. Along with other safety resources, community meeting times and mutual-aid needs.
Legal observers watch as University Police attempt to move a crowd of protesters away from the entrance of the Archie M. Griffin Grand Ballroom on January 20th. Credit: Daniel Bush | Campus Photo Editor
On a broader scale
A report released by the U.S. Department of Homeland Security offers context into current immigration-enforcment trends. The agency’s Operation Buckeye led to more than 200 arrests in Ohio, including two U.S. citizens.
When asked for an interview to discuss student concerns at Ohio State and possible future plans for ICE presence in Columbus, DHS responded in an email, “Every day, DHS enforces the laws of the nation across the country including in Columbus. We do not discuss future or potential operations,” by email.
The department also included a list of names and photos of those detained in Columbus.