In past weeks, many Trinity students have protested against ICE presence on campus and in San Antonio, demanding Trinity take a stance on the issue and inform the community of the steps university personnel would take. Though the university outlined their protocols in an email on Feb. 9, Trinity activist groups held a “Know Your Rights” information session on Feb. 24 to help the community learn more about protections against ICE.
Revolucion Violeta and Move Texas aimed to answer questions about the rights students retain if ICE comes to campus during the event. Priscilla Olivarez, senior policy attorney with the Immigrant Legal Resource Center (ILRC), led the event and said that all students and faculty, regardless of citizenship, are guaranteed their constitutional rights. She focused on the Fourth, Fifth and Sixth Amendment rights, which protect individuals if they are questioned or detained by ICE.
FOURTH AMENDMENT: PROTECTION OF AN INDIVIDUAL’S SELF, HOUSE, PAPERS AND EFFECTS FROM UNREASONABLE SEARCHES AND SEIZURES WITHOUT A WARRANT OR PROBABLE CAUSE.
This right prevents authorities from conducting searches and seizures without an official, judicially signed warrant, Olivarez explained. She claimed that ICE often does not have official judicial warrants, and instead depends on intimidation to gain access to private spaces, like homes or dorm rooms.
“Many times we are giving ICE permission to enter our home or we are giving ICE permission to search our belongings, not realizing that we can invoke our Fourth Amendment right,” Olivarez said. “They will lie to you and tell you they have authority when they don’t.”
Only a judicial warrant allows private spaces to be legally searched, Olivarez said. Without one, individuals do not need to comply with ICE demands to access these spaces, Olivarez said. ICE often presents individuals with administrative warrants, which bear minimal legal weight and do not allow for legal search and seizure, she said. Olivarez advised people to know the difference between judicial and administrative warrants.
FIFTH AMENDMENT: PROTECTION OF INDIVIDUALS’ RIGHT TO DUE PROCESS AND REMAINING SILENT
According to Olivarez, the Fifth Amendment includes people’s right to legal representation, refusal to sign documents without counsel, and a free and fair trial before deportation. Anytime a person is questioned by ICE, Olivarez advised, exercising the right to remain silent is extremely important, regardless of legal status.
“Let’s say, for example, ICE came in here right now and said, ‘Who is a U.S. Citizen? Raise your hand.’ I would advise us all to remain silent and not raise our hands,” Olivarez said. “You don’t have to answer these questions, and I think it’s really important for us to stand in solidarity with community members who may not have permanent legal status.”
SIXTH AMENDMENT: PROTECTION OF AN INDIVIDUAL’S RIGHT TO LEGAL COUNSEL
While this right is not applicable in immigration court, Olivarez explained it is still important for everyone to ask for a lawyer. One should not readily provide any personal information, which could be self-incriminating, according to Olivarez. Counsel or not, Olivarez said, “silence is golden.”
WHAT NOT TO DO
Olivarez advised the following for what an individual should not do when they encounter ICE:
- Run away
- Intentionally lie to law enforcement
- Provide ICE with personal information
- Sign documents presented by ICE without a lawyer present
- Make statements without a lawyer present
Most importantly, Olivarez said, individuals should not comply with ICE automatically. If ICE demands to enter a private space, ask to see their judicial warrant. “Knowing your rights is really key because these spaces are private, but if an individual or a student allows ICE to enter that private space, they’re consenting,” Olivarez said.
STEPS FROM THE UNIVERSITY
During the “Know Your Rights” event, Olivarez said the university could take institutional action to ensure the community knows their rights and how to protect themselves. She recommended clearly delineating private and public spaces through documentation to provide legal clarity and protection, including stating defining that private areas are spaces that cannot be accessed by members of the public, like offices, dorms and locked buildings.
Olivarez also encouraged the university to implement a clear protocol if ICE does come to campus. She also recommended public “Know Your Rights” sessions, where students and staff can learn when they are legally required, and not required, to comply with law enforcement.
On Feb. 9, President Beasley sent out a statement to the Trinity community outlining their process if ICE were to come to campus. The university is legally compelled to cooperate with all law enforcement agencies, including ICE, the email states. Under Texas law, ICE would have access to all public spaces at Trinity but, without proper legal authorization, they would be barred from entering private areas, including dorms, offices and classrooms. The private records of students would also not be released without a warrant, and the university advised the community to call TUPD immediately if they spot ICE on campus.
David Crockett, professor of political science, said that federal executive orders are often hard to practically apply, which he said could explain the vagueness of the email from the University. Lack of clarity in the original order can influence interpretation from state and local governments, creating contradictory laws, confusion between bureaucracies and institutions scrambling to fall in line.
“Frequently, the laws made by congress are so vague that the executive branch agency has the power to clarify that with their own regulations. They’re making their own laws, and they have the adjudication authority over infractions in that area,” Crockett said.
Crockett provided more context on the possibility of ICE activity on campus. He said that this is not the first time the U.S. government has pursued a policy of mass deportation. However, ICE’s recent actions in Minnesota and the inability of non-executive agencies to investigate potential abuses of power should be cause for concern, he said.
Trinity may be feeling pressure from state and federal governments, and would be wary of hindering ICE in any way, Olivarez said. However, the university should inform community members about their rights. “There is no law that would prevent people from being informed about their constitutional rights,” Olivarez said.
Alynn Jimenez Miranda, junior political science and international relations double-major and President of Revolución Violeta, said she felt frustrated with the neutral tone of Trinity’s statement given the immigration raid on San Pedro Ave in November, the recent implementation of the 281(g) law in Balcones Heights and the planned development of a mass detention center 16 minutes away from campus.
With ICE activity so close to home, she said the university’s statement felt minimal to a community looking for support. Though Jimenez Miranda acknowledged that Trinity likely stayed neutral to avoid legal issues, she said they should be doing more. “They’re just telling us that you’re only safe in your dorm or your classroom,” Jimenez Miranda said.
Jimenez Miranda said she wants to see the university give community members tools they can use if ICE comes to campus. This includes holding “Know Your Rights” events in English and Spanish, putting out materials with information about ICE and having a clear protocol for what to do if ICE comes to Trinity.
“At least, minimum, have a protocol just as we are seeing across many institutions that have not had any ICE presence, but they are prepared. I think that’s what Trinity should do,” Jimenez Miranda said.
The Trinity University Police Department (TUPD), Dean of Students and President’s Office declined to provide further comment, and all offices referred the Trinitonian back to the university’s original email statement.
