Guidance Regarding Federal Law Enforcement Access to University Spaces

The University has also prepared these FAQs to provide guidance to TU community members regarding their rights and responsibilities when interacting with federal law enforcement officials — including U.S. Immigration and Customs Enforcement (ICE) or other federal agencies assisting in immigration enforcement — on TU’s campus.

TU students, employees, and visitors should contact the Office of the General Counsel or Towson University Office of Public Safety with any questions or additional information.

• The Office of the General Counsel can be reached at generalcounsel AT_TOWSON
• The Office of Public Safety can be reached at publicsafety AT_TOWSON 

FAQs Related to Federal Law Enforcement Officials on TU Property

Note: The following FAQs are presented as a resource to the Towson University community but are not intended to serve as legal advice.

Can TU prevent federal law enforcement officials from coming on campus or into TU buildings?

TU cannot bar federal law enforcement officials from campus. Law enforcement has different access to outdoor and indoor spaces on campus, however. The difference between “public” and “non-public” space on TU’s campus is important in determining the level of access external law enforcement officials have and whether they need a warrant or consent to enter.

What areas on campus are considered “public spaces” and what areas are considered “non-public spaces?” What access does law enforcement have to each type of space?

Public spaces include all outdoor areas on TU owned or controlled property, as well as the following indoor spaces that are open to the general public: the University Union, West Village Commons and Cook Library. (Please note that staff and librarian offices and library classrooms in Cook Library are non-public spaces.) External law enforcement officials are generally authorized by law to enter these public spaces without a warrant or the university’s consent. 

Non-public spaces on TU’s campus are areas the general public may not access, such as resident halls, buildings other than those deemed Public Spaces (including Burdick Hall and SECU Arena), classrooms, private offices, research laboratories, etc. Except in cases of emergency situations that require law enforcement to act immediately to address a threat to public safety without pausing to obtain prior approval, external law enforcement needs a properly issued warrant or the consent of the university to legally enter non-public spaces at TU. 

What should faculty and staff members do if a federal law enforcement official asks for access to a classroom or other non-public area? What if the official presents the faculty or staff member with a warrant?

If you, as a faculty or staff member, receive an in-person visit from a federal law enforcement official who requests access to your classroom or another non-public space on TU's campus, you should:

• Calmly inform the official that you do not have authority to consent to entry or searches and refer the official to the Towson University Police Department (“TUPD”), which is located at 29 Towsontown Boulevard West, and can be reached at 410-704-4444.
• You may ask the official to wait in the nearest public area.
• If you do not feel it is physically safe to give that directive to the federal law enforcement official, you may allow the official to enter the non-public space and then immediately contact TUPD to notify them of the law enforcement activity.
• If it is feasible to do so, document the date, time, and details of the interaction, and, if available, the name of the official, agency affiliation, identification number and contact information.
• While you have the right to document and report the incident, under no circumstances should you physically block, impede, or otherwise interfere with the actions of the federal law enforcement official. 

If the federal law enforcement official presents you with a warrant, do not try to determine the validity of the legal document; instead, you should inform the official that you are not authorized to accept service on behalf of TU and refer the official to instead go to the Office of the General Counsel (“OGC”), which is located at 8000 York Road, Administration Building, Suite 2125, and can be reached at 410-704-4003.

What should faculty and staff members do if a federal law enforcement official asks or presents a subpoena for personally identifiable information or records about a student or employee?

Pursuant to federal privacy laws, TU faculty and staff must maintain the confidentiality of personal and personally identifiable information, including student and employment records. Faculty or staff who receive a request from a federal law enforcement official for any information about a student or employee should immediately contact TU’s OGC at 410-704-4003 or generalcounsel AT_TOWSON for assistance. If the official presents you with a document described as a subpoena or warrant, you should inform the law enforcement official that you are not authorized to accept service on behalf of TU and refer the official to OGC.

Can a student refuse to allow a federal law enforcement official to enter a residence hall room absent a valid warrant?

Yes. Residence halls, including dorm rooms, are considered non-public spaces and therefore cannot be legally accessed by federal law enforcement officials without a judicial warrant or the voluntary consent of the occupant. A student generally does not need to allow entry to any law enforcement officer who is not in possession of a valid warrant.

An exception to this general rule exists in situations involving “exigent circumstances.” The term “exigent circumstances” refers to emergency situations that require law enforcement to act immediately to address a threat to public safety without pausing to obtain the proper approval from a judge that the Forth Amendment to the United States Constitution would typically require. Exigent circumstances include the following: imminent risk of death, violence or harm to a person or property; hot pursuit of a dangerous suspect; and the imminent risk of the destruction of evidence of a crime.

Why does TU’s Policy on Law Enforcement Access to Non-Public Spaces advise employees, students and visitors not to interfere with federal law enforcement officials on campus?

The guidance not to interfere with federal law enforcement officials is provided to protect all members of our community. This advice has been issues broadly by civil liberties and immigrants' rights organizations, as well as other academic institutions, and is not unique to TU.

We do not want to put members of our community in the position of having to make a rapid decision under pressure about whether a warrant is valid or whether external law enforcement has the legal authority to access a particular space.

The federal government has stated it intends to enforce criminal law regarding interference with federal officials, violations of which may result in felony criminal charges. If a federal law enforcement officer takes action, with or without waiting for you to obtain guidance from TU’s OGC and/or public safety personnel, and you attempt to obstruct the official — such as by blocking their movement or preventing their access — they may interpret that as criminal interference with law enforcement.

Will TU provide legal support to student or employees who are visited, apprehended or detained by federal immigration enforcement officials?

TU is committed to supporting our student body, employees and campus community.

Students who think they may need immigration counsel should reach out to TU’s International Student and Scholar Office (“ISSO”) for a list of available outside legal resources. OGC’s website also provides links to legal resources.

Additionally the Office of the Attorney General for the State of Maryland has issued information on legal rights, assistance programs and key services available to immigrant communities in Maryland: Resources for the Maryland Immigrant Community.

Please note that TU’s Office of the General Counsel has one client — the university — and is prohibited from representing or advising TU affiliates in their individual capacity. 

How is TU supporting international affiliates?

ISSO supports members of the TU community with immigration and visa-related questions or concerns. Due to the individual nature of visa and immigration matters, international students, scholars, and employees seeking immigration, visa, and travel guidance are encouraged to reach out directly to ISSO. All ISSO services may be accessed during normal business hours Monday - Friday, 8 a.m. - 5 p.m., by visiting the ISSO office in the Psychology Building Suite 408, by e-mail at isso AT_TOWSON or by calling 410-704-2134. Immigration requests may also be submitted online through the ISSO Portal.