Guidance for University Employees on Non-MUPD Law Enforcement Actions at Marquette University, Including Immigration Enforcement Actions

August 2, 2017

Marquette University is a welcoming learning community that is open to people from a wide variety of backgrounds, perspectives and national origins. With respect to immigration enforcement, Marquette University (“University”) and the Marquette University Police Department (“MUPD”) will follow the law, but will not act as an arm of federal immigration enforcement. Guided by its mission, vision and values, MUPD is dedicated to maintaining a safe environment conducive to learning, living and working at Marquette, and is committed to the security of the Marquette campus and surrounding community.

This site provides context and guidance for Marquette University employees in the event that non-MUPD law enforcement officials request access to University facilities, students or student education records. Such officials include, but are not limited to, agents and officers from the Federal Bureau of Investigation (“FBI”), Immigration and Customs Enforcement (“ICE”), Customs and Border Protection (“CBP”), Department of Homeland Security (“DHS”), Milwaukee Police Department (“MPD”) and the Milwaukee County Sheriff’s Office (collectively, “non-MUPD law enforcement officials”).

Information Disclosure

Marquette University is subject to federal law governing the privacy of student information as set forth by the Family Educational Rights and Privacy Act (FERPA) and other applicable statutes. Federal privacy laws (absent a health or safety emergency) generally prohibit the release of information from a student’s records to law enforcement officers except pursuant to a valid court order or subpoena, both of which must be lawfully issued, as determined by the Office of General Counsel, or upon the written consent of the student. Accordingly, it is the policy of the University not to release any information about students to any third party, unless authorized under the University’s FERPA policy.

Guidance for University Employees Concerning Requests for Information Disclosure:

If any non-MUPD law enforcement official, including an ICE agent, requests access to, or copies of, Marquette student education records, the employee or department receiving this request must immediately contact MUPD and inform them of such a request. MUPD will then review the request, in consultation with the Office of the General Counsel (“OGC”) and University leadership, when appropriate. The requested information will not be provided unless/until approved by MUPD or OGC. This guidance does not extend to routine student information inquiries requiring compliance under state or federal law, such as those regularly requested of the Offices of the General Counsel, International Education, the Bursar, the Registrar, and Student Development.

Access to university facilities

Current ICE and U.S. Customs and Border Protection policy, as continued by the new federal Administration, limits arrests, interviews, searches, and surveillance at sensitive locations, which includes schools. Enforcement actions at schools in recent years appear to have been extremely rare.

Many areas of the University and facilities on the University’s campus are private and are not open to the public, including those that require a University ID or key for access. Non-MUPD law enforcement officers, including ICE officers, may only obtain access to university facilities or students on campus under one of the following circumstances: with consent; with proper warrants; or under exigent circumstances.

  1. Consent. Marquette University does not consent to non-MUPD law enforcement accessing areas that are secured and not open to the public under normal circumstances, and most University employees are not authorized to give consent on behalf of the University.
  2. Proper Warrants. Whether a warrant authorizes a law enforcement officer, including an ICE officer, to take a specific action, such as conducting a search or arrest, depends on the scope of the warrant and whether it was issued by a judge or was administratively issued. Marquette University, consistent with the rule of law, must honor valid judicial warrants, but it is difficult for an untrained person to determine whether a warrant has been validly issued by a judge. Thus, it is vitally important to immediately contact MUPD so that it can be determined whether access will be allowed.
  3. Exigent Circumstances. In the extremely unlikely event that exigent circumstances, such as imminent risk of death or physical harm, exist or may exist, call MUPD immediately.

Guidance for University Employees Concerning Requests to Access University Facilities:

If a non-MUPD law enforcement official, including an ICE agent, requests access to a campus facility, building, or any portion of the campus in which public access is restricted by a front desk, key or access card at the time of the request, and they are NOT accompanied by an MUPD officer, the employee or department receiving this request must immediately contact MUPD and inform them of such a request. MUPD shall respond and review the request, in consultation with OGC and University leadership, when appropriate. The employee or supervisor will ask the non-MUPD law enforcement official to wait until an MUPD officer arrives. However, under no circumstance shall the employee or department physically block/interfere with any access or enforcement action.

MUPD may be contacted 24/7, 365 days per year, at 414-288-1911. If you have questions, contact MUPD or OGC (414-288-7343).