Liam Beran
The UW-Madison Police Department follows a 2019 policy stating that 'officers shall not detain or arrest an individual solely based on a suspected violation of immigration law and should not routinely inquire to an individual’s immigration status.'
Despite a new push from President Donald Trump to encourage immigration raids on university campuses, UW-Madison officials say U.S. Immigrations and Customs Enforcement agents would need a search warrant to enter a classroom.
“The university’s position is that classrooms where instruction is currently taking place are not open to the public, and therefore activity in those spaces would require a search warrant,” spokesperson Gillian Drummond said in an email.
Universities across the country are still adjusting to Trump’s new immigration executive orders, including the Jan. 20 rescission of a policy directing ICE officers to avoid raids in “sensitive areas” such as churches and universities. The University of Minnesota said it would comply with federal court orders concerning ICE requests. Similarly, the University of North Carolina-Chapel Hill said that it would “follow the law” and “comply with any requests from law enforcement” regarding students ICE might target.
Drummond directed Isthmus to a Jan. 30 UW-Madison statement by Senior Vice Provost for Academic Affairs John Zumbrunnen that said they are closely monitoring changes that may affect the university during the new federal administration transition, and also linked a guidance page on federal governmental authorities that affirmed federal agents can enter any public workspace area, but must have a valid search warrant to enter a non-public area.
According to the guide, “Public areas may include reception, waiting areas and lobbies; open dining areas such as cafeterias; restrooms; and other common areas accessible by members of the public without screening or escort. Non-public areas include private offices and laboratories; private residential rooms; classrooms, conference/meeting rooms, and lecture halls that are currently in use; and other secured or restricted-access areas designated for instructional, research, or building and campus operational use.”
In a Feb. 28 email to students, UW-Madison Chancellor Jennifer Mnookin said there had been no recent unusual federal immigration enforcement activity in or near Madison, and advised students to look for information on the university’s Office of Legal Affairs website for how to respond to a federal agent.
The university also has a web page with resources on immigration issues, including a section on “understanding your rights.” Included are directions on what students can do if ICE shows up at their doorstep. Students are advised that they do not need to open their doors unless they are shown a valid search warrant signed by a judge; an ICE deportation warrant is not the same as a search warrant, the resource notes. People are also advised that they have the right to remain silent and to speak to a lawyer.
Marc Lovicott, communications director with UW-Madison Police Department, confirms that the department still follows its 2019 policy stating that “officers shall not detain or arrest an individual solely based on a suspected violation of immigration law and should not routinely inquire to an individual’s immigration status.”
Asked whether UW-Madison would share student information if immigration services requested it, or whether the university would require a subpoena or court order for release, Drummond said, “UW-Madison follows the federal Family Educational Rights and Privacy Act. For information not designated as ‘directory information,’ UW-Madison only releases identifiable student information with the student’s consent or as otherwise as authorized by FERPA.”
Republican lawmakers in the state Legislature recently introduced a proposal to require county sheriffs to verify whether people detained have legal U.S. residency. Republican lawmakers threatened to withhold funding to counties whose sherrifs don’t provide proof they’ve followed the requirements, according to Wisconsin Public Radio.
Dane County Sheriff Kalvin Barrett said in a statement to 27 News that the bill “undermines local authority” and would have “serious consequences” for how law enforcement can carry out its job. The Dane County Sheriff's Office will also no longer share data with the federal government that would help locate undocumented immigrants for deportation.
