Ohio State responds to ICE concerns via Jan. 31 email sent to faculty and staff

Brie Blevins
Tue, 11 Feb 2025 05:19:32 +0000
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In the email statement, Ohio State provided information on its current practices regarding Immigration and Customs Enforcement to address concerns about one specific policy change: Trump’s Executive Order 14159, also called “Protecting The American People Against Invasion.”? Credit: Sandra Fu | Photo Editor

Since President Donald Trump began enforcing stricter immigration policies via a series of executive orders, questions have been raised as to how these developments will affect college campuses nationwide.

Ohio State responded to this uncertainty via a Jan. 31 email statement to university faculty and staff, confirming Ohio State cannot disclose a student’s immigration status without Office of Legal Affairs consultation or the student’s consent.

In the email statement, Ohio State provided information on its current practices regarding Immigration and Customs Enforcement to address concerns about one specific policy change: Trump’s Executive Order 14159, also called “Protecting The American People Against Invasion.”?

The order was created to overturn Biden-era immigration policies and ensure the government “protects the American people by faithfully executing the immigration laws of the United States,” according to the White House’s website.

Since the order was signed, concern and unsubstantiated rumors about U.S. Immigration and Customs Enforcement’s presence in Columbus have spread not only on social media, but also in questions directed toward the Columbus City Schools Board of Education Feb. 4 and universities like Ohio State.?

University spokesperson Ben Johnson said the Jan. 31 email statement, which included information about the Family Educational Rights and Privacy Act, did not announce new university practices or policies, but rather served as a reminder of existing policies regarding law enforcement and immigration status in academic spaces.?

The email states FERPA’s protection of student education records — including immigration status — means the university cannot give such information to ICE officers without prior advice and obtaining students’ consent.

“That means university employees cannot disclose a student’s immigration status to law enforcement — proactively or in response to questions — without consultation with the Office of Legal Affairs,” the email states.

Emily Brown, assistant clinical professor of law and director of the Immigration Clinic at Moritz College of Law, said in an email that the Department of Homeland Security’s decision to revoke a 2021 Biden-era memorandum — which established “protected areas” from ICE and U.S. Customs and Border Protection enforcement actions — makes ICE’s presence on college campuses more likely.?

“Prior to January 2025, ICE had a ‘sensitive locations’ policy in place that generally prohibited ICE enforcement actions in certain protected areas, including universities,” Brown said. “The Trump administration rescinded this policy shortly after President Trump took office, so now ICE may begin conducting enforcement actions in universities.”

Brown said if students are approached by ICE officers in the classroom, they have the same rights on campus as they would anywhere else.?

“Students have the right to remain silent and not to answer questions about themselves or other students,” Brown said. “They also have the right to refuse to be searched or to refuse to allow an officer into their campus residence unless the ICE officer has a judicial warrant — a warrant signed by a judge — which is unusual.”

In the Jan. 31 email, the university stated local, state and federal law enforcement agencies typically coordinate with the Ohio State University Police Department when they need to enforce the law on campus, and Ohio State anticipates the same cooperation if ICE arrives.?

Brown said the university would not necessarily receive a warning if ICE came to campus, though it is possible.?

Though Ohio State will coordinate with ICE officers if they come to campus, it would not be required to aid officers in enforcement actions, Brown said.

“If ICE comes onto campus with an administrative warrant for an immigration arrest or an order of removal against a student, Ohio State is not under any obligation to help ICE apprehend the student,” Brown said.?