Skip to main content

Ohio State is in the process of revising websites and program materials to accurately reflect compliance with the law. While this work occurs, language referencing protected class status or other activities prohibited by Ohio Senate Bill 1 may still appear in some places. However, all programs and activities are being administered in compliance with federal and state law.

Ice Interaction Guide

Ice Site Visit Tips

A faculty member, employee, or student who is asked by ICE to grant access to a non-public area of the university (as defined below) should indicate that they do not have the authority to grant such access and immediately call university police at (614) 292-2121 for assistance.  When encountering any law enforcement official attempting to execute a warrant on campus, verbally indicate that you do not have the authority to give them permission to enter a non-public area or to evaluate the validity of a warrant and call the university police.  (A sample dialogue is provided on the last page of this document.)

By way of background, Ohio law, Revised Code section 9.63, requires university employees to comply with any lawful request for assistance made by any federal authorities carrying out the provision of the USA Patriot Act, any federal immigration or terrorism investigation, or any executive order of the President of the Unites States pertaining to homeland security.  The following tips relate to requests for assistance from Immigration & Customs Enforcement (ICE) and Customs & Border Protection (CBP) specifically. 

ICE has responsibility for removal of noncitizens unlawfully present in the United States and for administration of the Student and Exchange Visitor Information System (SEVIS) schools must use to invite and track F-1 international students and J-1 exchange visitors.  CBP has responsibility for border control, customs inspection, and, in some cases, immigration enforcement within a certain distance from the border or on assignment.

If members of the campus community see or encounter ICE on campus they should contact university police immediately at (614) 292-2121.  Please be aware that ICE or other Department of Homeland Security (DHS) representatives often visit campus for non-enforcement related activities.  ICE officers may freely access public areas of the campus.  ICE officers must have a warrant to enter non-public areas of the university. Non-public areas are private spaces that are restricted by keycard or security, which may include classrooms, laboratories, offices, and residence halls.   Areas where any member of the public may normally enter and freely move around without having their presence questioned would typically be considered a public area. If there are questions about whether specific areas are public or non-public please contact the Office of Legal Affairs at (614) 292-0611.  

University employees and students should not obstruct, interfere with, or provide false information to any law enforcement officials, including ICE.

If you encounter ICE or CBP agents looking for a specific individual on campus, you should request that the agents contact the university police at (614) 292-2121. 

Requests for Information

The Family Educational Rights and Privacy Act (FERPA), subject to very limited exceptions (see below), protects the privacy of a student’s education records. Protected records include immigration status. That means university employees cannot disclose a student’s immigration status to law enforcement – proactively or in response to questions, in the absence of a subpoena or court order. Please contact the Office of Legal Affairs (OLA) at (614) 292-0611 if you are asked by an ICE representative for student information or if you receive a subpoena or court order.  A judicial order or lawfully issued subpoena is one of the exceptions to providing FERPA-protected information but must be evaluated by OLA before doing so.

There is a limited FERPA exception enabling ICE to obtain certain information concerning students in F, J, or M nonimmigrant status without a warrant or subpoena. (Primarily this relates to international students and exchange visitors.) An ICE representative requesting information for an individual in one of these immigration classifications should contact either the Office of International Affairs at (614) 292-6101 or OLA at (614) 292-0611 to determine the appropriate response. Typically, ICE makes such requests directly to the Office of International Affairs.

All health care providers, including students working in specific roles, must abide by the Health Insurance Portability and Accountability Act (HIPAA) and provide care per clinical expectation. HIPAA applies to all patients, regardless of immigration status. This means that health care providers cannot disclose any information about a patient’s immigration status to law enforcement – proactively or in response to questions, in the absence of a subpoena or court order. Additionally, there is no requirement to document immigration status in the health care setting and, generally, patients are not asked about their status unless it directly relates to their health care. Please contact either WMC Security at (614) 293-8500 or the Risk Management, OLA at (614) 293-8446, pager 2001 if you are asked by an ICE representative for patient information.

Noncitizen Obligation To Carry Evidence Of Immigration Status Or “Registration”

U.S. citizens are not legally required to carry evidence of immigration status.

However, federal law does require noncitizens to carry evidence of immigration status or otherwise demonstrate that they have registered with federal authorities.  It is a crime for a noncitizen to fail to carry evidence of their status or registration. These requirements are explained in detail below.

  • Federal law requires that all noncitizens in the United States for 30 days or more register with the U.S. government. Failure to register may result in criminal penalties, financial penalties and/or removal from the U.S.
     
  • Many noncitizens may already be considered registered, including, for example:
    • Noncitizens issued I-94s (including electronic I-94s), even if the period of admission has expired. (Most individuals in nonimmigrant statuses such as F-1, J-1, H-1b, O-1, TN, etc., would be considered registered under this provision.
    • Lawful permanent residents (green card holders)
    • Noncitizens with employment authorization cards
    • Noncitizens with pending I-485s who have provided fingerprints (i.e., done biometrics).
       
  • Any noncitizens, whether previously registered or not, who turn 14 years old in the United States, must register within 30 days after their 14th birthday. Parents of noncitizens under the age of 14 should be aware of this re-registration requirement.
     
  • Noncitizens are required to carry evidence of registration. Failure to carry evidence of registration may result in criminal penalties, financial penalties, and/or removal from the U.S. Most nonimmigrants should carry their I-94 printouts and passports; green card holders should carry their green cards.
     
  • U.S. citizens who are concerned about the possibility of accidental detention during immigration enforcement operations may wish to carry evidence of U.S. citizenship or legal presence in the United States (e.g., Real ID driver’s license, passport or passport card).

Noncitizens must notify the U.S. government of changes of address within 10 days of any such change. Failure of a noncitizen to timely update an address may result in criminal penalties, financial penalties, and/or removal from the U.S.

Support and Resources

We want to remind you that it is okay to not be okay and to ask for help. 

If you are a student looking for or need support, please know the university has resources for you. Counseling and Consultation Service (CCS) has a list of resources on their website that are available 24/7. Support and resources are also provided by the Student Wellness Center and the Student Advocacy Center. In addition, feel free to contact the immigration coordinators at the Office of International Affairs at iss@osu.edu or support through Student Legal Services. 

For faculty and staff, the Employee Assistance Program (EAP) is available and offers many everyday resources, including counseling sessions.  EAP tools and EAP tools and resources are available 24/7 through the personal EAP portal at osu.mylifeexpert.com. The portal can be used to request any of the services offered by completing the online request form for counseling or work-life services. You can also request services by calling 800-678-6265.


Remember, non-citizens are legally required to carry evidence of their status (‘registration”) in the United States.