As a public university, UT must comply with federal regulations and a Jan. 29 state directive requiring all Texas state agencies and local law enforcement to assist in federal immigration enforcement operations.
Colleges and universities were exempt from immigration enforcement actions until a Jan. 21 directive from the Department of Homeland Security overturned these protections. However, this does not mean university campuses are now priorities for immigration enforcement, said Anita Gupta, managing attorney of legal programs and initiatives at the Presidents’ Alliance on Higher Education and Immigration, an organization convening university leaders to address immigration issues.
“Immigration enforcement primarily falls under federal law and federal jurisdiction,” Gupta said. “Local law enforcement agencies, including campus police, do not have the legal authority to independently engage in federal immigration enforcement activities.”
Under federal law, campus police are not required to assist with immigration enforcement actions unless federal authorities provide a judicial warrant, Gupta said. However, local law enforcement, including campus police, cannot “prohibit or (discourage) the enforcement of immigration laws” under the 2017 Texas Senate Bill 4.
Without a judicial warrant signed by a judge, immigration officers cannot enter limited-access spaces requiring a UT ID, like classrooms, residence halls or offices, according to the National Immigration Law Center. However, in public spaces like streets or lobby areas, Immigration and Customs Enforcement agents can conduct operations freely.
People should recognize and exercise their constitutional rights, said Edna Yang, co-executive director of American Gateways, a local non-profit providing legal services to low-income immigrants. These include the right to not answer questions, to remain silent and to due process. People also have the right to ask law enforcement if they are being detained, being arrested or if they are free to go, she said.
“You will lose your rights unless you assert them,” Yang said.
ICE has not issued official guidance on how it would operate at public universities and interact with school policies, and UT has not provided information on how it would respond. Four of the other eight universities within the UT System have shared recommendations for campus community members on how to respond to immigration authorities.
“We recognize the authority of the federal government to set and enforce immigration policy, and the University will follow federal and state law,” University spokesperson Mike Rosen said in an email. “To support our students, faculty, and staff, University officials will continue to provide information as appropriate.”
According to a training bulletin by the UT System Office of the Director of Police, campus police officers can ask questions about immigration status if a person is detained or arrested, but they cannot legally stop or arrest someone solely based on immigration status. No updated guidance has been shared since. The Office of the Director of Police and UTPD did not respond to requests for comment.
Public and higher education institutions are broadly prohibited from sharing student records without written consent from a parent or the student themself under the Family Educational Rights and Privacy Act.
There were approximately 57,000 undocumented students in higher education in Texas, according to a 2022 report by the American Immigration Council, but no data is available on the number of undocumented students attending UT. Past efforts to support undocumented students included the Monarch Program, which was terminated under Texas Senate Bill 17 last January.
“It is really the responsibility of each school to take a look at their student population … and also look at policies to ensure that safety and security are in place for their students,” Yang said.
