Frequently Asked Questions
This page contains FAQs related to federal immigration concerns for noncitizens, who are important members of the MSU community. Michigan State is committed to the support and safety of all Spartans without regard to immigration status.
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What authority do federal immigration officials have to come on campus?
As a public university, MSU is largely open to the public. Federal immigration officials can enter public spaces, however, certain private areas, such as on-campus residence halls, University buildings to which access is restricted to those with MSU identification, or administrative or faculty offices, classrooms, and laboratories, require a valid judicial warrant or permission to enter. An administrative warrant is civil in nature and does not by itself authorize federal enforcement officials to enter private residential spaces absent consent.
MSU’s Department of Police and Public Safety (DPPS) collaborates with federal, state, and local agencies and encourages prior notice when outside law enforcement plans to visit. However, DPPS cannot prevent agencies with legal authority from coming to the public portions of campus.
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Why might U.S. federal immigration enforcement officials come on campus?
There are various reasons U.S. federal immigration enforcement officials might contact MSU or come on campus, including routine compliance matters related to the University’s normal operations. The U.S. Department of Homeland Security (DHS) and its enforcement agency, U.S. Federal Government Immigration Officials, have broad authority. Not all DHS officials are responsible for law enforcement. MSU routinely interacts with U.S. federal immigration enforcement officials on issues unconnected with immigration enforcement related to students or employees. For example, federal immigration officials may contact MSU or come to campus in connection with the University’s participation in the Student and Exchange Visitor Program, and not for purposes of locating or detaining undocumented students. U.S. federal immigration enforcement officials may also be invited to present in an academic program, such as explaining customs procedures to an international business class. Federal agencies may also participate in a career fair.
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Does MSU share student information with federal immigration officials?
The Federal Educational Rights and Privacy Act (FERPA) prohibits universities from releasing information from a student’s education records without consent, except under certain specified circumstances. It is the policy of the University to comply with FERPA (Michigan State University Access to Student Information).
MSU vigorously defends students’ privacy rights and will not release information from student education records to outside parties, including federal immigration officials, without permission from the student, a judicial warrant, a subpoena, a court order, or as otherwise permitted by law. FERPA permits the disclosure of directory information without written consent. Disclosure of directory information about a student is not generally considered harmful or an invasion of privacy. Information that MSU has designated as directory information is listed in the MSU Notification of Student Rights and Notice for Directory Information. Students may restrict the release of directory information by updating their directory restrictions online at https://student.msu.edu/ or notifying the Office of the Registrar.
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Under what circumstances does MSU share student information with federal immigration officials?
The Student Exchange and Visitor Program (SEVP) is a program administered by the U.S. Department of Homeland Security that provides approval and oversight to schools authorized to enroll certain nonimmigrant students. The SEVP provides that participating institutions are subject to on-site review or “certification visits” at any time, meaning that SEVP field representatives visiting the campus are authorized to obtain information about students on temporary student and training visas (i.e., F-1 visas or J-1 visas). These visits are limited and generally consist of federal immigration officials conducting document review. This review does not include DACA or undocumented students.
Also, a FERPA exception provides that under the USA Patriot Act, federal officials may obtain information from a student’s education record without consent upon issuance of a court order alleging terrorist activities. MSU will not release information to federal immigration officials without a validly issued judicial subpoena, court order, or search warrant.
Except when related to the SEVP, faculty and staff should contact the Office of the General Counsel immediately if any federal official seeks to obtain immigration-related information about a student or employee. The Office for International Students and Scholars should be consulted for any information request from SEVP. Unless they receive authorization from the Office of General Counsel, faculty and staff are not authorized to release immigration-related information about a student or employee.
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I am an MSU faculty or staff member. What should I do if a U.S. federal immigration enforcement official comes to my office or classroom?
If a federal enforcement official contacts MSU faculty and professional staff or appears unannounced on campus, employees should:
1. Ask for identification. Proper identification includes the federal official’s name, identification number, and agency affiliation, or their business card.
2. Contact MSU Department of Police and Public Safety at (517) 355-2221. If federal officials present themselves as law enforcement, immediately contact MSU DPPS to request assistance. Inform the federal officials that you are consulting with appropriate University personnel who are best able to assist them and that you do not intend to obstruct their process.
MSU DPPS: (517) 355-2221. This phone number is answered by the Ingham 911 center. Select the first option to report an incident or request an officer. Calmly answer the dispatcher’s questions and inform them you would like a DPPS officer to respond and speak with the federal enforcement official. Having a DPPS officer present can be helpful in facilitating communication.
For general inquiries, contact info@dpps.msu.edu. For questions regarding an MSU student on the Detroit, Flint or Grand Rapids campus, call DPPS Deputy Chief Jeff Murphy at (517) 449-2638.
If the official presents a subpoena or warrant, contact the MSU Office of the General Counsel (OGC) for further guidance at: (517) 353-3530. If the federal agent states they have a subpoena or warrant, do not accept service of any subpoena or warrant before contacting the OGC. Once you connect with OGC, politely request a copy of the subpoena or warrant and contact the OGC immediately for further guidance.
3. Document the incident. If able to do so, document the date, time, and details of the interaction with the federal agent.
4. Do not interfere with their process – simply inform them you are consulting with university personnel. It is important to not engage in any conduct that may be perceived as obstruction of a federal investigation or agent.
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What should I do if a U.S. federal immigration enforcement official requests information about a student?
Always follow FERPA guidelines, if any official including U.S. federal immigration enforcement contacts personnel requesting information about a student. Pursuant to FERPA, education records of all students, regardless of immigration status, are protected from disclosure to outside parties. If the federal official seeks to review documents or interview students or employees, you should not assent without consultation with the Office of General Counsel (OGC). If federal officials present themselves as law enforcement, you may contact DPPS to verify their authority. If the federal official claims to have a subpoena or warrant, you should inform the federal official that you are not authorized to provide the requested information or approval, or consent to entry, and that you need to consult with a supervisor and will have someone timely follow up with the federal official. Contact OGC immediately for further guidance.
A more common request from the FBI to a faculty member is for a job reference for a former student who is seeking a security clearance as part of an employment application.
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How does DPPS interact with undocumented individuals?
DPPS is committed to maintaining a safe and inclusive campus. DPPS does not inquire about a person’s immigration status during routine interactions, nor does it detain individuals based on immigration violations. DPPS’s focus is on ensuring safety and addressing the needs of our campus community.
In the event of an arrest, detention, or serious injury, DPPS may be required to inquire if an individual is a U.S. citizen or a non-U.S. citizen in order to make a mandated notification to the individual’s home country consulate. Some foreign consulates require state and local police to notify the consulates of the arrest of their nationals to permit foreign consular officials to assist their nationals in responding to criminal charges. The inquiry is limited to whether the individual is a U.S. citizen or a citizen of another country. Consular notifications are required by federal law as part of the 1963 Vienna Convention on Consular Relations.
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Does DPPS have a cooperative agreement with U.S. federal immigration enforcement agencies or other federal agency to identify or assist in the enforcement of immigration laws?
No. DPPS does not assist in enforcing federal immigrations laws. Immigration enforcement is the sole responsibility of federal authorities, and DPPS focuses on campus safety and security.
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Does DPPS enforce an U.S. federal immigration enforcement detainer or an arrest warrant?
DPPS is not required to enforce immigration detainers, which are requests from federal immigration enforcement and not court orders. However, if a valid criminal arrest warrant is issued, DPPS will assist in its enforcement as required by law. Students who have a valid Employment Authorization Document (EAD) are eligible to work on campus and beyond during the period of validity stated on the EAD, including work as Graduate Assistants. Students without employment authorization are not eligible to work for MSU.
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What resources are available to undocumented students on campus?
MSU students receive access to all campus services regardless of immigration status, including confidential counseling for distressed students through MSU Counseling and Psychiatric Services, academic support through their respective colleges, assistance navigating University policies and procedures, as well as understanding student rights and fair treatment through the Office of the Ombudsperson, certain legal guidance offered by ASMSU Student Legal Services and the Immigration Law Clinic at the MSU College of Law, and all other University programs and services. The Student Life and Engagement Office, Residence Education and Housing Services, and the Office for International Students and Scholars also offer support in the context of the student experience.
Contact information for these offices is as follows:
Counseling and Psychiatric Services
(517) 355-8270
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Office of the Ombudsperson
(517) 353-8830
ASMSU Student Legal Services
(517) 355-8266
MSU College of Law Immigration Law Clinic
(517) 432-6880
Student Life and Engagement Office
(517) 355-7535
Residence Education and Housing Services
(517) 884-5483
Office for International Students and Scholars
(517) 353-1720
Visit connections and resources for additional information.