I. Purpose
A. The purpose of this Interim Immigration Enforcement Response Procedure (“Procedure”) is to implement the provisions of Maryland HB 1222, the Maryland Values Act, with respect to immigration enforcement activities that take place on College Property, in accordance with the Interim Immigration Enforcement Response Policy.
II. Scope and Applicability
A. This Procedure applies to Employees, Students and Visitors.
III. Definitions
A. Administrative Warrant means a warrant for the arrest for immigration violations or warrant of removal/deportation signed by an immigration officer.
B. Judicial Warrant means an arrest warrant or search and seizure warrant signed by a federal judge or magistrate.
C. DPSP means the Department of Public Safety and Police.
D. Other defined terms have meanings that are assigned in the Interim Immigration enforcement Response Policy.
IV. Procedure
A. Nondiscriminatory Service & Protected Spaces
1. Private Spaces shall be marked by the DPSP with red stickers, or other signage or marking indicating that they are restricted spaces.
2. Access to Private Spaces is limited to individuals who have been granted approval to enter such spaces, including Employees in office spaces, Students and Employees in classrooms, and any other individual granted approval by an Employee authorized to grant such approval.
B. Immigration Enforcement at the College
1. The Chief of DPSP, or designee [410-777-1818], shall be the primary point of contact for issues related to Immigration Enforcement Activities.
2. If ICE Agents or other federal immigration authorities appear at the College, Employees shall presume that they are engaged in Immigration Enforcement Activities. Staff shall proceed as follows:
a. Treat ICE Agents politely and respectfully.
b. Contact DPSP immediately. Ask the ICE Agents to wait in a lobby or other Common Area.
c. If the ICE Agents demand immediate access to Private Spaces without waiting for DPSP, Employees shall state they do not consent to such access but should not attempt to stop or impede the officer. As promptly as possible, the Employee shall contact DPSP and make a record of the incident for DPSP, including notes about the verbal exchange with the ICE agents, identifying details about the ICE agents, the ICE agents' actions, any arrests or other results of those actions, and the identity of other witnesses.
3. In no circumstances should Employees interfere with the ICE agents, attempt to make them leave a Common Area, attempt to conceal any person from ICE, or attempt to assist any person in evading ICE.
4. DPSP will coordinate with General Counsel to determine next steps, potentially including speaking with the ICE official; reviewing any warrant, subpoena, or request for records; and ensuring that federal law and constitutional rights are upheld.
5. DPSP shall make and maintain records of all Immigration Enforcement Activity at the College.
6. DPSP shall request and record the following information from any ICE Agent or other federal official who appears at College on immigration business:
7. If an ICE Agent or other immigration officer requests access to Private Spaces within the College in order to conduct Immigration Enforcement Activities, DPSP may authorize such access only if the officer (1) asserts that Exigent Circumstances exist; or (2) possesses a valid Judicial Warrant. To confirm the existence of a valid Judicial Warrant, DPSP shall:
8. DPSP should ask to consult with the College’s legal counsel about any questions concerning a Judicial Warrant or the existence of Exigent Circumstances. If immigration officers deny DPSP the opportunity to consult counsel about such questions, DPSP shall state that they do not consent to the agents' entry but should not block or impede their access.
9. If ICE Agents or other immigration authorities proceed into a Private Space without Exigent Circumstances or a Judicial Warrant, or without permission from DPSP, DPSP shall notify counsel, state that the officers lack permission, but make no effort to resist or block the officers.
C. Requests by Immigration Officers for Records or Information
1. It is the policy of the College to refer requests made by ICE Agents or other immigration officers for records or information about Employees, Students or Visitors to the College’s legal counsel, unless State or federal law otherwise requires an immediate response.
2. If an ICE Agent requests any individual Student or Employee records, either in person or via email, the request should be forwarded to the General Counsel [generalcounsel@aacc.edu] who, in consultation with DPSP if necessary, will review any subpoena, search warrant, Maryland Public Information Act request, or other request for records, and determine next steps.
3. ICE Agents should not be provided with any individual Student or Employee information prior to contacting those officials.
4. Legal Counsel, assisted by DPSP if necessary, shall request and record the ICE Agent or other immigration officer’s identifying information as listed in Section B.6 of this Policy. Legal Counsel shall also obtain a copy of any documentation supporting the officer's request, such as an Administrative Warrant, Judicial Warrant, judicial subpoena, or court order.
5. If ICE Agents or immigration officers present a Judicial Warrant or assert that Exigent Circumstances exist to search a Private Space, legal counsel, DPSP and Employees shall follow Section B.7, B.8 and B.9 of this Policy.
Procedure Title: Interim Immigration Enforcement Response Procedure
Policy Category: General
Policy Owner: President
Policy Administrator: Chief of Police/Director of Public Safety
Contact Information: aaccpolice@aacc.edu; 410-777-2440
Approval Date: The date the Board of Trustees approves this Policy.
Effective Date: The date the Board of Trustees determined this Policy takes effect.
History: N/A
Applies to: Employees, Students and Visitors
Related Policies: Interim Immigration Enforcement Response Policy
Related Procedures: N/A
Forms/Guidelines:
Relevant Laws: