No. Many areas within University of Delaware campuses are open to the public, or are accessible by the public. Federal law enforcement officers are generally authorized to enter public spaces without permission, and we cannot legally prevent this. However, officers are not authorized to access limited access areas without meeting legal requirements, such as a valid judicial warrant signed by a federal judge. UD Police, in consultation with the Office of General Counsel, is responsible for verifying credentials, reviewing warrants, and ensuring legal requirements are met before granting access to non-public spaces.

The University complies with all applicable federal law, including requirements related to information sharing. It is UD’s position that it will not take affirmative steps to advance enforcement of federal immigration law. At the same time, a UD community member could face legal consequences if they physically interfere with law enforcement or attempt to obstruct official actions. 

Federal law prohibits hiding evidence, concealing individuals who are the targets of law enforcement, or interfering with an arrest. Local law enforcement may be required to assist in enforcement action related to matters involving ongoing criminal activity or imminent threat. It is important for all UD community members to avoid putting themselves in physical danger during any immigration enforcement action on campus.

No. UD Police officers will not engage in, assist, or support ICE enforcement except when required to safely execute a judicial warrant issued by a judge, or when necessary to support a criminal investigation. UD Police will not accept requests to support civil immigration enforcement operations.

Certain spaces at the University may be limited access based on their use and the reasonable expectation of privacy, even without physical security at all times. Courts generally look at three factors: (1) Are there physical access controls? (2) Does staff actually control who enters? (3) Would a reasonable person understand they need permission to enter?

Examples of spaces that are limited access regardless of whether a door is locked include faculty and staff offices, classrooms when a class is in session, research laboratories, conference rooms during non-public meetings, employee break rooms, areas beyond a front desk or lobby, and areas where student records or protected health information is stored or discussed.

A classroom that is empty and unlocked, or a lecture hall hosting a public event, would generally be considered a public space during that time.

The University is in the process of developing and posting additional signage in limited access areas to further reinforce how these spaces are used.

Yes. From 2011 until January 20, 2025, Department of Homeland Security policy designated certain locations, including schools, colleges and universities, hospitals, and places of worship, as “sensitive” or “protected” areas where immigration enforcement actions were generally not conducted without prior approval from agency leadership.

On January 20, 2025, the current administration rescinded that policy. DHS subsequently issued guidance stating that ICE agents should use “common sense” and make case-by-case determinations about enforcement in these locations, but the guidance does not establish binding restrictions. Several lawsuits challenging the rescission are working through federal courts.

As of this writing, a federal court has issued an injunction restoring protections for approximately 1,400 specific places of worship, but no court has issued an injunction protecting college or university campuses. The University is monitoring these legal developments closely. Regardless of the status of the federal policy, the University’s own protocols, requiring UD Police and the Office of General Counsel to verify credentials and warrants before granting access to non-public spaces, remain in effect.

Only UD Police and the Office of General Counsel have the ability to evaluate, on behalf of the institution, whether a law enforcement agency is properly on campus. Faculty, staff, and students are not authorized to evaluate a warrant or subpoena. The information below is provided as factual background responsive to questions we have received.

Administrative warrants (also called ICE warrants, civil warrants, or warrants of removal/deportation) are issued by immigration agencies, not courts. They are not signed by a judge. They typically display “Department of Homeland Security” at the top. Administrative warrants do not authorize entry into limited access spaces without consent and are not sufficient for disclosure of student records under FERPA.

Judicial warrants are signed by a federal judge or magistrate and will have the name of a federal court (such as “United States District Court”) at the top. Judicial warrants may authorize entry to search premises or arrest individuals named in the warrant. If federal officials present a valid judicial warrant, the University must comply.

The University does not voluntarily share, or make available, personal information with immigration authorities without legal process, and does not permit access to non-public spaces or records without proper legal authorization.

Student records are protected by FERPA. The University cannot provide private student information to any law enforcement agency, including ICE, unless required by valid subpoena or court order, or otherwise expressly permitted under FERPA. Employee records require a valid subpoena.

No one on campus should accept a subpoena; direct the serving party to the Office of General Counsel at Hullihen Hall.

Patient information in clinical settings is protected by HIPAA and state privacy laws. If federal officers seek to enter clinical areas or request patient information, do not grant access or disclose information. Contact UD Police or the Office of General Counsel immediately.

If You Learn That a Student Has Been Detained

If you are a student or faculty member and you hear that a roommate, classmate, or other student has been detained by federal immigration officers:

1. Contact the Dean of Students at 302-831-8939. The Dean of Students office will coordinate the University’s response and connect affected students with resources.

2. Contact the Center for Global Programs & Services (CGPS) at 302-831-2115 if the student is an international student.

3. If you witnessed the detention, document what you observed and report it to UD Police at 302-831-2222.

If You Are a Supervisor and Learn That an Employee Has Been Detained

1. Contact Human Resources at 302-831-2171.

2. Contact the Office of General Counsel at 302-831-2136.

3. Do not share the employee’s personal information or speculate about their immigration status with others.

If a Family Member Has Been Detained

If you have a family member who has been detained by immigration authorities, consult an immigration attorney as soon as possible. You can:

• Search for the detained person using the ICE Detainee Locator at https://locator.ice.gov/odls/#/search

• Contact the Delaware Department of Justice Immigration Unit at 302-326-5377

• Contact Legal Aid of Delaware at 302-478-8850

• Visit the National Immigrant Justice Center’s guide at https://immigrantjustice.org/for-immigrants/know-your-rights/what-do-if-you-or-loved-one-detained/

• If the detained person is a UD student, faculty member, or staff member, also contact the appropriate University office listed above so the University can provide support.

Yes. Federal law prohibits certain actions, and violations can result in serious criminal penalties including felony charges:

• Physically obstructing or interfering with officers.

• Hiding, concealing, or harboring individuals who are targets of enforcement.

• Taking actions intended to interfere with an enforcement action, such as physically obstructing officers or hiding evidence.

• Destroying, hiding, or altering documents or evidence.

• Providing false information to federal officers.

All UD employees are expected to follow University processes and protocols when on campus. If an employee interferes with law enforcement or acts outside these protocols, the University cannot protect them from potential legal consequences.

Immigration officers may serve a Notice of Inspection (NOI) requesting I-9 records. Do not consent to immediate, same-day inspection; the University has 3 business days to produce I-9 records after receiving a valid NOI. Contact Human Resources (302-831-2171) and the Office of General Counsel (302-831-2136) immediately. Do not provide access to personnel files or other records beyond what is specifically requested in the NOI.

Under the Clery Act, the University issues safety alerts for immediate threats to health or safety. Immigration enforcement actions typically do not fall within Clery Act notification requirements. 

The University may also issue communications to address community concerns about safety as appropriate.

We understand that many community members would like the University to notify broadly  if immigration enforcement officers are on campus. However, the University sending a notification for the specific purpose of alerting individuals to the presence of immigration enforcement officers would be interpreted under federal law as an attempt to interfere with law enforcement. The University cannot put members of our community at legal risk by issuing alerts solely based on the presence of federal officers conducting lawful enforcement activity.

The University takes the concerns of our community seriously and is committed to supporting all members of our campus. The University will not take affirmative steps to advance enforcement of federal immigration law. At the same time,UD is obligated to follow federal law and cannot shield community members from lawful federal action without putting those individuals, and the employees who would take such action, at serious legal risk.

The University’s approach is designed to protect community members by ensuring that every interaction with federal law enforcement is handled appropriately. UD Police, working with the Office of General Counsel, can properly evaluate legal authority and protect individual rights within the bounds of the law. This approach is consistent with the guidance of leading civil liberties organizations and peer institutions nationwide.

Federal law prohibits physically obstructing or interfering with law enforcement officers, concealing individuals who are subjects of enforcement, and alerting specific individuals that officers are looking for them. These are serious federal offenses that can result in felony charges and imprisonment. The most protective action you can take is to contact UD Police immediately, document what you observe, and ensure trained professionals are involved.

The term "sanctuary" reflects a jurisdiction's policy choices about the extent to which it will cooperate with federal immigration enforcement. However, sanctuary designations, whether adopted by a city or a university, do not create a legal barrier to federal enforcement actions. Federal immigration officers retain their legal authority to conduct enforcement operations in any jurisdiction, regardless of local sanctuary policies. A sanctuary designation generally means that local police or campus police will not use their own resources to assist with federal immigration enforcement or honor ICE detainers without a judicial warrant, it does not prevent federal officers from entering campus, executing valid warrants, or conducting enforcement in public spaces.

The University's existing protocols already provide the same practical protections that a sanctuary designation would signal. UD Police do not enforce federal immigration law, do not inquire about immigration status, do not act on ICE detainers, and will not grant access to non-public spaces without a valid judicial warrant. Additionally, Delaware law (HB 182, signed July 2025) prohibits state and local law enforcement from entering into 287(g) agreements with ICE and restricts cooperation with federal immigration enforcement.

UD Police do not have the authority to arrest federal officers acting in their official capacity, even if the University believes the officers have exceeded their legal authority. If federal officers force entry without a valid judicial warrant, UD Police will document the situation, including through the use of body-worn cameras, notify the Office of General Counsel at 302-831-2136, and take steps to preserve evidence. Any challenge to improper conduct by federal officers would be pursued through legal channels after the fact, not through a physical confrontation at the scene. The University’s priority in such a situation is the safety of everyone present.

There have been reports of individuals impersonating immigration officials around the country. Impersonating a federal officer is a crime. If you believe this is happening or has happened, call 911 or report it to UD Police immediately. An authentic ICE agent should carry a badge and typically wears a vest or shirt marked “ICE” and “Police.” 

Classes will continue as scheduled. As is always the case, if a student has concerns about their safety, contact Student Advocacy and Support for assistance.

The following dialogue is hypothetical, illustrating how to handle an encounter with federal officers. The principles apply in any campus setting (classrooms, offices, labs, or other workspaces). 

Remember: the first action is always to contact UD Police at 302-831-2222.

Employee: Excuse me, can I help you?

ICE Officer: I am from Immigration & Customs Enforcement, and we are looking for [name of individual].

Employee: I’m sorry, I don’t have authority to provide that information. Our instructions are to call the campus police to assist with any law enforcement. [Call UD Police at 302-831-2222.]

ICE Officer: Can we come in?

Employee: I’m sorry, but I don’t have the authority to allow law enforcement to enter any specific area. I have to call and wait for the campus police.

ICE Officer: We have a warrant. [Officer shows piece of paper.]

Employee: I’m not qualified to evaluate that. Campus police should be here soon and they can help you.

ICE Officer: Can you tell me if this individual is in the classroom?

Employee: Really, I’m not trying to be difficult, but my instructions are to wait for the campus police, as they are the representatives from campus that need to speak with you.

[If the officers force their way into a space, do not physically impede them. You are not required to volunteer information but should never provide false information. Do not flee or encourage others to leave. Document what occurs and contact UD Police if you haven’t already.]