University addresses concerns about federal immigration law changes

By Ryan O’Connell Associate Editor Susan Church, chief operating officer of Massachusetts’ Office for Refugees and Immigrants, spoke to Framingham State at the “FSU Know Your Rights Webinar” Feb. 19 and offered education on immigrant and refugee rights. The webinar, which is the first of two events held regarding “incoming changes to immigration policy at the federal level,” according to an email sent by the Dean of Students Office, included “an overview of legal resources for immigrants in the commonwealth, know your rights resources, and guidance for interaction with immigration officers.” The second of the two webinars, “State Universities Know Your Rights Webinar,” is scheduled for Friday, Feb. 21, 2 p.m. to 3 p.m., and will give information applicable to immigrants and refugees at any state college in Massachusetts, according to the same email. Church began by explaining that “immigration” is a group in the United States consisting of several federal agencies all under the Department of Homeland Security (DHS). The first of three agencies under DHS she mentioned was Immigration and Customs Enforcement, or ICE. Church said ICE is not just the people in blue jackets on TV - ICE has a number of other functions - such as acting as prosecutors in immigration court arguing in favor of or against deportation - and agencies beneath them - such as Homeland Security Investigations (HSI). HSI, she added, is responsible for I-9 audits on employers, which make sure they have been following immigration rules, and also conduct deep-dive investigations. “There was an alleged Nazi that was living in Brooklyn, New York, there was a 15-to-20-year process to get that person deported because Germany originally wouldn’t accept him, and then they did about four or five years ago,” she said. Church then spoke on Customs and Border Protection, or CBP, who occupy booths at the northern and southern borders, as well as airports on entry to the United States. This group controls entry and exit to the country, she added. CBP is allowed to conduct border enforcement up to 100 miles from the border, she added. During the previous Trump administration, there were random checkpoints in both Vermont and New Hampshire, she said, which is allowed under the law. “Technically, the Constitution does not apply at the border,” she added, even for American citizens, so travelers put into secondary inspection can have their devices and belongings legally searched. CBP also includes Border Patrol, Church said, who are physically out surveying the northern and southern borders. The third agency under DHS mentioned was United States Citizenship and Immigration Services, or USCIS, who “adjudicate petitions for immigration benefits,” meaning they decide if an immigrant is eligible for a green card, citizenship, a visa, etc. Church said USCIS is not a law enforcement agency, however, and is very different from ICE and CBP because of this. USCIS does not conduct enforcement at their offices, she added. “A lot of people think that ICE can somehow be everywhere all the time, and that’s generally not true,” Church said. There are several ways someone might come into contact with ICE, she said. One way is through the criminal justice system. “If you’re undocumented or lacking legal status and … you had been arrested by the Framingham Police the night before, that next morning when you appear at Framingham District Court for what they call arraignment on the criminal charges, often ICE is there waiting for you if they believe that they have a valid basis to arrest you,” she said. Church added ICE uses fingerprinting taken by local police to identify targets, so they are not alerted to an undocumented immigrant appearing in court as a victim or to get a restraining order, since no fingerprints are taken for those proceedings. Another method of coming into contact with ICE is from applying for benefits with USCIS with a “final order of removal,” she said. She added there has been limited enforcement at USCIS offices, and this method has been challenged legally, since USCIS is supposed to be granting benefits. Church added enforcement might also occur at a USCIS office if there was a serious criminal charge which would prevent access to the benefit. This enforcement might change soon, she said, since the Laken Riley Act increases the number of crimes which can cause immigration problems. “A simple shoplifting charge … might result in mandatory detention,” she added. Students on a visa might incur CBP investigations if they plan to marry a U.S. citizen, Church said, and their conversations might be investigated for “immigrant intent.” Church said students should also be aware of fraud, which might look like not attending school, attending a fake school, or working without authorization. If CBP can find any information on the person’s phone to prove an infraction, they will be subject to expedited removal from the country. Raids and targeted enforcement are another point of contact, she said. “If you watch a lot of social media-based news, I’m sure you’re thinking that ICE is conducting raids in Massachusetts every single day - simply not true,” she said. Church said so far, there have been no raids - situations where ICE indiscriminately arrests a large number of people in a space - in Massachusetts, and has instead been carrying out targeted enforcement against specific individuals. “Right now statistics show that around half of the arrests that ICE is doing are not people with criminal records, but in fact are people with arguably long-term removal orders or other statuses,” she added. Another locale for ICE encounters is ICE appointments, she said. Under previous administrations, there were stays of removal, she said, where long-term residents only had to not get arrested and appear for an appointment once a year. Some had been renewing their stays of removal for 10 or 20 years and were suddenly arrested upon showing up for their ICE appointment under the previous Trump administration. Church said some of the big at-risk individuals for removal or denial of admission are unauthorized or undocumented immigrants, suspected drug or human traffickers, green card holders with a criminal charge, and anyone who failed to appear at an immigration court hearing. She added reasons for removal include but are not limited to drug possession - marijuana use is not federally legal and could result in deportation - fraud, theft, or gang involvement, which the Trump administration is trying to equate to terrorism through an executive order. Church then discussed what to do if immigration approaches you at your residence. “First of all, I want to make sure you understand I’m not telling you what to do,” she said. “I feel very strongly that this is your choice about whether or not you open the door.” Church said that if ICE comes to your door, they will present you with an administrative warrant which is not signed by a judge, issued by a court, nor backed by probable cause and as such does not allow ICE to enter private places, such as residence halls. She added this is always applicable unless there is some kind of emergency, such as a medical episode, or exigent circumstances. Church said staying calm is the first and most important step to take if immigration officers come to your door. “Legally you do not need to open the door unless the officer provides you with a warrant signed by a judge,” she said. You can also ask to see the warrant and have the officers slide it to you under the door. Church added you can also ask the officers to identify themselves by name, badge number, and agency. “If you choose to invoke your right to remain silent, you can inform them you choose to invoke these rights. You can either do it by saying ‘I request my right to silence and to an attorney,’ or you can slide a Know Your Rights card under the door,” she said. Church said every situation is different, and advises anyone who encounters ICE or immigration officers to consult a qualified immigration attorney. “Not your local contracts attorney or criminal defense attorney, but find a competent immigration attorney,” she added. Church said a valid judicial warrant can be identified if: it is issued by a court, since ICE does not have court warrants; the warrant states “search and seizure,” since ICE only issues arrest warrants; and most importantly, it has a judge’s signature. She added ICE warrants can be identified by: it’s issued by “Department of Homeland Security”; it says “warrant for arrest of alien,” which is a term not used by the courts; and it has the signature of an authorized immigration officer, not a judge. Church said people may be served a subpoena - a request for documents - or a summons - an order to appear in court - and to again consult an immigration attorney on receiving either. If served with any document, read it completely, she added. Church said Know Your Rights cards, or red cards, are important tools especially for undocumented immigrants who cannot speak English. She recommended buying or printing red cards at ilrc.org/red-cards and keeping multiple copies at all convenient spots - in your car, at home, in your coat, etc. Church said if someone you know is arrested by immigration officials, compile a file of documents illustrating their community and family ties to prove they are not a flight risk. She added there is also the chance they can be let out on bail, and clarified the person who is sent to pay bail must be an American citizen. Church discussed the public charge rule, clarifying its effect and intention. “It is not nearly as problematic as everybody thinks it is,” she said. “It basically says that a very narrow category of immigrants who are applying for a green card have to show that they’re not likely to use public benefits in the near future.” Church said public charge only applies to green card applicants, and nobody else. Church said they also get a lot of questions about the Tuition Equity Bill and Driver’s License Bill, and people want to know what ICE will do with that data. She said ICE does not use this data for enforcement purposes, and is not legally allowed to pursue immigrants based on data gathered from these two bills. Church said to further research or perform your own Know Your Rights presentation, refer to miracoalition.org, the website for the Massachusetts Immigrant & Refugee Advocacy Coalition. For specific questions related to the protocol of responding to immigration officials on FSU’s campus, Church said to refer to the University’s policy guidelines. In a January memo addressed to faculty and staff, Chief of Staff, General Counsel, and Secretary to the Board of Trustees Ann McDonald provided information on what the University’s recommended procedure is in recognizing outside law enforcement and engaging with them. “Generally, the only police authorities permitted on the campus without invitation are our University Police and the commonwealth’s State Police Force. Other enforcement agencies enter with the permission and knowledge of our University Police except in the case of exigent circumstances,” she wrote. McDonald also wrote under commonwealth case law, “officers may not hold an individual ‘solely on the basis of a Federal civil immigration detainer’” according to Lunn v. Commonwealth, and police still abide by the rules of the state of Massachusetts without extending the scope of their roles. According to the memo, if other law enforcement, immigration personnel, or immigration officers are spotted on campus, the most advisable thing to do is to call University Police in order to “report the activity and or confirm [FSUPD’s] knowledge of the presence of these individuals.” If these personnel have warrants, subpoenas, or other legal documents, she wrote, they should be referred to the Office of General Council. Student records are still protected by FERPA laws, she continued, and any person requesting access to this information must do so through the Registrar’s Office. McDonald also wrote the Commonwealth’s Office of the Attorney General states Framingham State’s library or walkways are “deemed public and thus provide greater access to persons external to FSU.” Spaces such as the residence halls, faculty offices, and occupied classrooms have restricted access to outside personnel “in spite of these changes to federal immigration procedures,” she wrote.