On Feb. 24, Senior Immigration Attorney Matthew Webster presented a talk on campus titled “Know Your Rights as a Student/Employee/Person when Encountering Government Agents.”
Under the second Trump administration, executive orders are continually being issued. Amongst those signed is one declaring a national emergency at the southern border and another clarifying the military’s role in protecting the territorial integrity of the United States.
“There has been interest by the Trump administration to utilize the military to enforce immigration policy,” Webster said in his talk.
The National Guard has since been implemented in border-related enforcement work.
Under previous policy, undocumented individuals within the United States’ 100-mile border could be subjected to expedited removal, which is a process that allows the deportation of individuals without an immigration judge hearing. The border covered the edges of the United States.
“If an individual entered without inspection, didn’t have current status, and had been here [in the United States] for less than two years, they could be put in expedited removal proceedings,” Webster said. “That [100-mile border] has been expanded across the whole United States. Expedited removal is now nationwide.”
With the knowledge of this recent policy change, Webster highlighted the importance for students to know key action steps to take in an interaction with government officials.
“It’s important in any immigration status to be thinking about these new policies proactively,” Webster said.
It is important to show proof of immigration status.
“An individual who has a green card and is a lawful resident is supposed to have that on them at all times,” Webster said.
Any current documentation of status is recommended to be present on an individual. Webster also stated that providing updated information to schools, places of employment, and trusted person(s) and obtaining a business card of legal counsel should be included in active action steps. Under the Federal Educational Rights and Privacy Act (FERPA), student and alumni records are required, by law, to remain private, and government officials are not able to request information.
The Immigration Legal Resource Center (ILRC) offers “Know Your Rights” red cards, which give crucial information about legal rights and defense. The St. Olaf Student Government Association (SGA) has been distributing “Know Your Rights” flyers and red cards offered in different languages. The red cards are printed in English, Spanish, Hmong, and Mandarin, and are located on the bulletin board near the P.O. boxes in Buntrock.
Weber went on to instruct students how to approach an interaction with someone claiming to be an immigration officer.
“Ask people for the purpose of their visit [and] their request [for an individual] and they should not be hesitant if they work for the government. Ask for documentation… such as a judicial warrant,” he said. “Keep calm, don’t run away.”
As with any law enforcement, one should keep hands where an agent can see them and know they have the right to stay silent. An individual has the right to request legal counsel if detained and the right to ask to notify emergency contacts.
“If an agent requests to search a vehicle, an individual has the right to say no,” Webster said. “Law enforcement is able to request license, registration, and proof of insurance information, but they are not able to request your immigration status.”
On campus, an officer is not allowed to come into a living space, such as a home or a dormitory, unless they have a judicial warrant. Officers are not to be let into buildings, Webster said, so it is critical to know not to open the door for any potential non-resident of the dormitory or living space.
In all situations, he added, it is important to document encounters.
“Use your notes app or a piece of paper, and write down names, number of the individuals, what was taken, and anything during the interaction,” Webster said. “This is true of whether you’re the individual being detained or as a witness.”
Northfield is not labeled as a sanctuary city, which would mean the city has passed ordinances for local protections for undocumented individuals. However, Northfield officials have claimed they do not currently enforce federal immigration laws. This means that individuals detained are never for immigration-related reasons, and immigration status is not requested. The Northfield officers will also not actively contact ICE officers about individuals, however, fingerprints and personal information are available to ICE officers if arrested.
Further questions about immigration law can be directed to [email protected]. An interview by the Olaf Messenger with Vice President for Community and Belonging Eduardo Pazos Palma with comments about the talk can be found on the Olaf Messenger website.
