Immigration Enforcement FAQ's
The Office of Legal Affairs presents these FAQs as a resource for the UTRGV community. The information below is not intended to serve as personal legal advice.
The U.S. Immigration and Customs Enforcement (ICE) is part of the U.S. Department of Homeland Security (DHS) and is responsible for enforcing federal immigration law at or near the border as well as in the interior of the United States. The UTRGV Police Department regularly interacts with local, state, and federal law enforcement agencies, typically when a law-enforcement officer contacts the department directly for assistance in a criminal matter.
The following questions and answers are intended to guide faculty and staff about their responsibilities when interacting with federal immigration officers (or other non-UTRGV law enforcement officers) on UTRGV property who are not accompanied by the UTRGV Police Department and also address other common questions.
Members of the public have access to UTRGV outdoor spaces, and typically some of our indoor spaces as well, such as lobbies, waiting areas, galleries, or atriums of building, or event spaces where events are open to the public. So yes, non-UTRGV law enforcement officers can be in these spaces, like anyone else.
UTRGV, however, does limit or restrict access to non-public spaces on its campuses and in its facilities due to privacy concerns, safety concerns, or operational needs. These non-public spaces include (without limitation) classrooms, offices, clinic treatment areas, or residence-hall rooms.
Non-UTRGV law enforcement officers are subject to these same access restrictions and must adhere to UTRGV protocols when entering non-public spaces. More important, access to non-public spaces typically requires a judicial warrant (i.e., a warrant issued by a court of law and signed by a judge).
- First, remain calm and respectful, and act professionally. Politely ask the officer(s) to wait in a public area for your office, department, or location. Do not invite the officer to the non-public space to wait. Then, contact the UTRGV Police Department (Non-Emergencies 956-882-7777; Emergencies 956-882-4911) to inform them of the situation. Follow the instructions provided.
- Contact the Office of Legal Affairs at its main office number (956-665-2452) to request guidance from an institutional attorney.
- If applicable, you can explain to the officer(s) that you understand they are seeking access to a non-public location and that you will do your best to assist. Then politely explain that UTRGV protocols and applicable law do not allow you to give access to non-public locations without verifying law-enforcement credentials or legal documents such as warrants, and that you have asked for assistance from the UTRGV Police Department in doing this.
- If the officer presses for immediate action, calmly repeat the above.
The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student records and generally (with some exceptions) prohibits disclosure of those student records without the student’s written consent. For employees, the Texas Public Information Act generally prohibits disclosure of confidential personal information without the employee’s written consent.
- If an officer orally asks for information, remain calm and professional, and explain to them that UTRGV complies with lawful requests for information, that all records requests must be made in writing, and that requests must be reviewed and handled by the Office of Legal Affairs. Our offices are located on the 5th Floor of the Rio Bank Building (MRIOB 5.532), 701 E. Expressway 83, McAllen, Texas 78501.
- If an officer presents what appears to be a subpoena or order for records, remain calm and professional, and inform the officer that, due to privacy laws, all requests for information must be reviewed by the Office of Legal Affairs. This is true even for subpoenas, which our office routinely handles. Provide them with the location of our offices.
- Once you have referred the officer(s) to the Office of Legal Affairs, please contact us (956-665-2452) to provide our office with information about your interaction.
- Should you receive a request by phone or email, politely explain that all requests for information must be in writing and handled by the Office of Legal Affairs, and provide this contact information: publicinformation@utrgv.edu or 956-665-2452. Do not simply forward an email – instruct the officer to email the Office of Legal Affairs directly.
The Office of Legal Affairs cannot provide legal advice to students, employees, or faculty on personal legal matters such as specific immigration questions. The following resources may aid you in finding an attorney who might be able to help you or answer some common questions:
State Bar of Texas | Lawyer Referral & Information Service
LRS - Hidalgo County Bar Association
Texas RioGrande Legal Aid (TRLA) | Free Legal Services
These links are provided as a convenience and for informational purposes only; they do not constitute endorsement or approval by the Office of Legal Affairs of any of the services or opinions of the organization(s) listed. The Office of Legal Affairs bears no responsibility for the accuracy, legality or content of the external site(s) or for that of subsequent links. Contact the external site directly for answers to questions regarding its content.
UTRGV remains deeply committed to cultivating a safe and supportive environment for all members of our campus community. We encourage anyone who needs assistance or guidance to reach out:
- Student Life and the Dean of Students
Offers support and resources for students. - UT Employee Assistance Program
Offers a variety of services, including counseling consultation with a licensed mental health professional, legal and financial resources, and work-life referrals. - Counseling Center
Provides confidential support for personal issues or concerns.