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Noncitizens’ Rights Under the

• The First Amendment protects your right to speak freely and to advocate for social change. Realize that immigration officials can target you based on your political activities if you are a noncitizen and are deportable. Immigration officials are now part of the Department of Homeland Security (DHS). DHS has three sections: Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), The Bureau of Citizenship and Immigration Services (BCIS).
• The Fourth Amendment restricts the government’s power to enter your home or workplace, or to search your car.
• The Fifth Amendment gives you the right to remain silent: to not answer questions asked by a police officer or any other governmental official.

Current California Laws

• Limits immigration enforcement actions at public schools, hospitals, health facilities, courthouses, and libraries.
• Ensures safety and access to all residents, regardless of status.

Statement from (, 146KB) related to above.

• Requires all CSUs and other CA public post-secondary institutions to refrain from disclosing personal information about students or employees except as allowed through FERPA.
• Establishes a campus designee for any immigration orders.
• Requires a contact list for legal services.

(, 610KB) (December 2024)
University police officers will not contact, detain, question or arrest an individual solely on the basis of suspected undocumented immigration status or to discover the immigration status of any individual, and University Police (UPD) will not undertake joint efforts with federal immigration enforcement authorities to investigate, detain or arrest individuals for violation of federal immigration law.

In some cases, ICE and CBP officers may be exercising criminal enforcement powers or may work with criminal law enforcement officers who may present a criminal arrest or search warrant that gives them greater authority to enter CSU premises that are not open to the general public.

What to Do If You Are Questioned by a Police, FBI, or Immigration Officer

• If you are stopped by the police

  • Think carefully about your words, movement, body language, and emotions.
  • Do not argue with the officer.
  • Do not run. Do not touch the officer.
  • Do not resist even if you believe that you are wrongfully stopped.
  • Do not sign anything giving up your rights.
  • Do not falsely claim U.S. citizenship.
  • Do not carry false documents.
  • Do not sign any documents without first speaking with a lawyer.
  • An undocumented person should remain silent or tell the enforcement agent they want to remain silent.
  • Remember that once a conversation with a police officer is terminated, the officer must either arrest you or let you go.
  • Ask for a lawyer immediately after you are arrested.

• If you are contacted by a DHS Agent

  • Assert your rights. If you do not demand your rights or if you sign papers waiving your rights, the DHS may deport you before you see a lawyer or an immigration judge.
  • Never sign anything without reading, understanding, and knowing the consequences of signing it. It is in your best interest to consult with an attorney before you answer any questions. You have the same rights as United States citizens under the Fifth Amendment right to remain silent. Different kinds of law enforcement officials might try to question you or ask you to agree to an interview where they will ask questions about your background, immigration status, relatives, colleagues, and other topics.
  • There is an exception for individuals on student visas. Immigration officials can require you to provide information relating to your immigration status.
  • You have the right to have a lawyer of your choice present before you answer any questions. You have the right to stay silent if your answer to a question could be used against you in a criminal case.
  • Talk to a lawyer. If possible, carry with you the name and telephone number of an immigration attorney who will take your calls.
  • The immigration laws are complicated and are constantly being reinterpreted. As soon as you are contacted by DHS, call an immigration lawyer. There may be options for you that immigration officers will not explain to you. You do not have a right to a governmental appointed lawyer for an immigration proceeding, but if you have been arrested, immigration officials must show you a list of free or low-cost legal service providers.

• If you are in your home

  • If the police knock and ask to enter your home, you do not have to admit them unless they have a warrant signed by a judge. You have the right to examine the warrant first.
  • An officer may enter your home without a warrant if they observe evidence of a crime in plain view (i.e., through an open door, is in hot pursuit of a fleeing felon, or reasonably believes that a person inside the room is in need of immediate aid).
  • If you consent to allow an officer to enter your home for any reason, anything the officer sees in plain view can be seized and held against you.
  • Officers rarely ask, “May I enter your room to look for evidence in plain view?” or “May I perform a full search of your person?” You must be aware of what is going on, and you must say whether or not you give consent. Be firm, clear, and polite.
  • Everyone has the right to courteous and respectful treatment from the police. If your rights have been violated, do not try to deal with it at the scene. You can talk to a lawyer afterward or file a complaint.

• If you are stopped in your car

  • Upon request show them your driver’s license, registration, and proof of insurance. You must step out of the car if asked. If the police officer has a reasonable belief that the person stopped is presently armed and dangerous, they may conduct a limited protective frisk. The frisk must be limited to a search for weapons.
  • To protect yourself, you should make it clear that you do not consent to a search. It is not lawful for police to arrest you simply for refusing to consent to a search.
  • If you are given a ticket, you should sign it. If you do not, you can get arrested. You can fight the case in court at a later date. Do not interfere with a search or obstruct the police; you can be arrested for it.
  • If you are suspected of driving under the influence (DUI) and you refuse to take the blood, urine or breath test, your driver’s license will be suspended.

• If you are arrested

  • Assert your rights. Tell the officer that you want to speak to a lawyer, then remain silent.
  • Do not sign any papers before a lawyer has advised you of the ramifications of signing and your rights and responsibilities under the law.

• If you are charged with a crime

  • Criminal convictions can make you deportable. Do not agree to a plea bargain or any disposition of your case without consulting an immigration attorney on whether these actions will make you deportable or ineligible for relief of citizenship.
  • You must carry valid immigration documents with you at all times. Failure to carry these documents can be a misdemeanor crime.

If U.S. Immigration and Customs Enforcement (ICE) Comes to Campus

This information below outlines steps for the campus community to follow if ICE agents come to campus. This information is not legal advice, but rather guiding principles to ensure legal compliance while protecting the rights and privacy of students, staff, and faculty.

Steps to Take When Contacted by ICE

• Remain calm and professional
  • Stay composed to avoid escalating the situation
• Request identification and documentation
  • Politely ask for the ICE ˛ą˛µ±đ˛ÔłŮ’s:
    • Name and identification number
    • Agency affiliation
• Direct ICE Agents to CSUCI’s designated official
  • Inform the officer that you are not obstructing their process but need to contact Drake Massey, CSUCI’s Chief of Police:
    • Phone: 805-437-8444
    • Email: drake.massey@csuci.edu
    • Cheif Massey and/or a designated liaison will work directly with the agent
• Protect student and employee privacy
  • Inform the agent that you are consulting with appropriate university personnel who will be able to answer their questions and that you are not obstructing their process
  • Please do not answer questions or provide personally identifiable information about yourself or anyone else unless required by a valid subpoena/warrant and told to do so by Cheif Massey or a designee representing Chief Massey. Examples of personally identifiable information may include, and are not limited to, name, contact information, class lists, student schedules, etc.
  • Ensure compliance with  and  regulations.

ICE access to Public versus Limited Access areas of CSUCI campus

The CSU (and CSUCI) is a public university and a large portion of CSU property is open to the general public. The areas on campus that are open to the general public are also open to federal immigration enforcement officers. The CSU does not have the authority to prohibit federal immigration enforcement officers from coming on campus and being in those public areas even if their purpose is to enforce federal law.

However, public access is limited to certain areas of CSU universities and property because of privacy concners, operational needs, or safety considerations. University buildings and spaces in which access is physically restricted, such as by key card, locked doors, or monitored entryways, including university housing, fall into this category. Non-public areas of the university also include some that may normally be left unlocked during the workday, including, for example, administrative or faculty offices, classrooms while classes are in session, locker rooms, research laboratories, kitchens and food preparation areas, maintenance areas, storage facilities, and physical plant operations. See chart below for information related to CSUCI's space access categories, as defined in .

CSU employees are not required to affirmatively assist federal immigration authorities or grant permission to enter nonpublic areas of the university when officers do not have a judicial warrant or court order to enter. Each university must designate an individual responsible for verifying the legality of any warrant, court order, or subpoena.

It is important to note that ICE or federal Department of Homeland Security officials may be on campus for reasons unrelated to enforcement actions such as career recruitment events and guest lectures.

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