Questions about Immigration and Customs Enforcement in the Champaign-Urbana community have surged following the inauguration of President Donald Trump. These concerns have been compounded by the detainment of two individuals at the Champaign County Courthouse, a recent unfounded rumor of ICE on campus and increased reports of ICE impersonators across the nation.
Eleven days after the presidential inauguration, the University updated its 2020 webpage that answers frequently asked questions about ICE on University property. The page includes a downloadable flyer detailing recommended actions if ICE requests student information or entry into a University building.
The flyer advises University students and employees to contact UIPD if an ICE agent requests access to University property. It states that employees “are expected to help maintain privacy and confidentiality in accordance with campus policies, state and federal laws.”
“I will say, it’s really important to note that UIPD has shown support with our immigrant peers,” said Emilia Mancero, junior in Media and spokesperson for the Illinois Coalition Assisting Undocumented Students Education.
The University’s Office of the Vice Chancellor for Diversity, Equity & Inclusion also encourages community members to contact UIPD if they believe immigration enforcement agents are on campus.
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“Let’s say you think you’re seeing ICE, you should 100% first call UIPD,” Mancero said. “I think that’s the most important thing you might not know about. You might be scared like, ‘Oh, why am I telling the police about ICE?’ … They’ve actually been very cooperative.”
Warrants: Judicial and administrative
A judicial warrant is a formal court order signed by a judge or magistrate, and authorizes law enforcement to conduct a search or seizure. It must include a reason for the search or seizure, the precise time and address and a full description of the person or things to be seized.
ICE officials issue detainer requests, which are not to be confused with a judicial warrant. An ICE detainer request is signed by an ICE agent, not a judge.
A detainer is a request from ICE to federal, state or local law enforcement to notify the agency before a migrant is released from custody, hold them for up to 48 hours beyond their release date or provide information on their impending release.
Detainers can also be referred to as administrative warrants or immigration holds, and they do not authorize agents to forcefully enter private property. The Illinois TRUST Act generally prohibits local law enforcement from complying with immigration detainers.
The Illinois Attorney General’s Office released updated guidance in January outlining the limits of how state and local law enforcement can participate in immigration enforcement.
In Illinois, local law enforcement is generally barred from interfering with immigration enforcement operations, including assisting ICE in transferring or detaining individuals or accessing facilities unless ICE has a signed judicial warrant.
Local law enforcement can arrest a migrant only when there is a judicial criminal warrant against them or probable cause that they have committed a crime.
U.S. Citizen and Immigration Services should provide non-citizens with an identification number known as an “A-Number” or “USCIS Number.” The number can range from seven to nine digits in length.
If an individual is apprehended by ICE agents, anyone can use the “A-Number” to find out which detention center the detainee is located at using ICE’s Online Detainee Locator System.
Federal initiatives
Since reassuming office in January, Trump has signed a flurry of executive orders, many of which focused on reducing the number of undocumented residents in the United States.
A recent press release announced that, in the first 100 days of Trump’s second term, ICE has “arrested 66,463 illegal aliens and removed 65,682 aliens, including criminals who threaten public safety and national security.”
On Monday, the Department of Homeland Security offered a $1,000 stipend and free airline tickets for some migrants if they voluntarily self-deport. The action is part of the Trump administration’s larger commitment to conduct the largest deportation program in American history.
The move comes after DHS launched an ad campaign in March urging migrants to leave the country of their own accord. In one ad, DHS Secretary Kristi Noem said that self-deportation would still allow migrants potential for returning to the U.S. in the future.
Lauren Aronson, clinical professor in Law and director of the University’s Immigration Law Clinic, spoke to The Daily Illini last month and explained her worry that students would flee due to intensified measures by the White House.
Aronson added her frustration that people without adequate resources are self-deporting — an action she says could be premature.
“Even though not everyone is self-deporting, some people are,” Aronson said. “And I don’t blame any of those people, you have to do what’s right for you and protect yourself and your family. But it kills me that (DHS’) plan is working.”
University, community resources
The University offers a list of resources for community members concerned about immigration enforcement, including an undocumented student liaison and consultations with the undocumented student support team. These services can be accessed through Open Illinois.
“We provide next steps, information, resources financial aid assistance, academic counseling, peer support services, psychological counseling, referral services, and legal services free of cost for current undergraduate and graduate students,” the website states.
Another resource is the University YMCA’s New American Welcome Center, which can provide immigration legal advice and representation on certain immigration cases, including citizenship applications.
“I know a lot of my own organizations’ members are a little bit scared as well,” Mancero said. “Let’s just stay calm. Let’s think about the procedures we have, you guys all have rights … making sure people know what they can and can’t do … that’s all just so important.”