Frequently Asked Questions

Below are some of the most common questions asked by undocumented students or those from mixed-status families. If you have a question not answered here or would like additional information on concerns related to joining the ECC community or resources available to current students, don't hesitate to contact our Undocumented Student Liaisons. Undocumented Student Liaisons are knowledgeable ECC employees who can provide confidential and compassionate support on a wide range of questions and needs of individuals in the undocumented community.

Immigration Questions

This FAQ provides basic information and answers common questions about immigration processes, rules, and requirements. It covers legal help for immigration, how law enforcement works with ICE, protections for international students, and immigrant rights under Illinois law.

View the document: Supporting Students with Immigration Related Questions - PDF

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The college offers a variety of resources that may assist students who find themselves in this situation. Resources include the Spartan Pantry, which provides food, toiletries, and household items; the We Rise ECC student club, whose mission is to create a safe and brave space for those who advocate for undocumented student issues; and Wellness Services, which provides overall health and well-being support for anxiety, emotional support, relationships, academics, and depression. In addition, community groups provide immigration support, such as:

Reviewed 9/2025

No, the ECC Police are not involved in immigration enforcement. They do not ask about immigration status or make arrests based solely on immigration status. For additional information, please see the Know Your Rights video on our Support for Undocumented Students webpage or on YouTube.

Reviewed 9/2025

Generally, your records are entitled to the same Family Educational Rights and Privacy Act (FERPA) protection that otherwise governs student education records in the United States. FERPA is a federal law that protects students’ educational records from being released without the students’ consent or pursuant to a court order or subpoena. For more information, visit:  FERPA - Under what conditions is prior consent required to disclose information?

Reviewed 9/2025

ECC provides resources for members of our community who may feel uncomfortable calling or approaching the police. Those with non-emergency safety concerns may contact any of these offices:

Reviewed 9/2025

Calling immigration authorities on another student could violate the ECC Student Code of Conduct if the action is done with the intent to harass, discriminate, or retaliate against the other student.

Reviewed 9/2025

International students and scholars on F1 student visas are affected differently than students without legal status in the United States. According to the Department of Education, the Family Education Rights & Privacy Act (FERPA) permits institutions to comply with information requests from the Department of Homeland Security (DHS) to comply with the program's requirements.

However, the information that can be requested and provided is limited to the categories listed in DHS regulations. That request must be made to Lauren Nehlsen, our Principal Designated School Official (PDSO). For other information, international student records are entitled to the same FERPA protection that otherwise governs student education records in the United States.

Reviewed 9/2025

Illinois state law prohibits law enforcement from acting on federal detainers or stopping, arresting, or searching an individual based solely on immigration status (5 ILCS 805/-Illinois TRUST Act). As of June 21, 2019, the Keep Illinois Families Together Act (5 ILCS 835) officially prohibits state and local law enforcement in the State of Illinois from entering into 287(g) agreements with federal agents. Such 2879(g) agreements authorize ICE to delegate to state and local law enforcement officers the authority to perform specified immigration officer functions under ICE’s direction and oversight.

Reviewed 9/2025

Students should communicate any concerns or challenges related to their class attendance to their instructor, who may be able to provide guidance or recommendations for continued success in the class. If students are unable to continue in their classes or would like to be connected to additional resources or supports, they can contact the Dean of Students in Building B, room B 105.11, or via email at DeanOfStudents@elgin.edu.

Reviewed 9/2025

If you encounter Immigration and Customs Enforcement (ICE) officers on campus, you can:

  1. Politely ask for the official’s name, badge number, and agency affiliation;
  2. Do not provide any information or access to student or employee records without authorization as FERPA and other privacy laws protect this information.
  3. Refer ICE officers to the ECC Designated contact, which is Erin Schmalen, paralegal in the general counsel’s office (847-214-7069 or eschmalen@elgin.edu), and
  4. Notify your supervisor and ECC Campus Police (847-214-7778).

Reviewed 9/2025

ICE officers are required to have a criminal arrest warrant or search warrant (i.e., a judicial warrant) to lawfully enter nonpublic/private areas of the campus without consent. Without a judicial warrant, even if ICE presents an order of removal or deportation for a campus community member, the institution is not legally required to grant ICE access to nonpublic/private spaces of the campus. 

Reviewed 9/2025

No – neither ECC Police nor college leadership had advance notice of this action. It is not typical for ICE to notify local law enforcement or college officials before carrying out immigration enforcement. ECCPD was able to confirm with Homeland Security, after the fact, that this was indeed an ICE operation.

It is important to understand the difference between a federal  administrative warrant versus a judicial warrant.  A federal administrative warrant is a warrant issued by the federal agency itself.  It does not have the weight of a judicial warrant and does not require compliance as a judicial warrant.  On the other hand, a judicial warrant is signed and issued by a federal court judge that does require compliance. 

Generally, public areas (accessible without a judicial warrant): These are spaces open to the general public, where anyone may enter without special permission. ICE agents, like members of the public, generally do not need a judicial warrant to be present in these areas: 

  • Sidewalks and outdoor campus grounds
  • Parking lots
  • Building lobbies that are open to the public
  • Hallways and corridors that are not restricted
  • Libraries (in publicly accessible sections)
  • Student unions or cafeterias (public seating areas)

Generally, private or restricted areas (require a judicial warrant or the college’s permission): These spaces are not open to the general public and are limited to authorized individuals. ICE generally must have a judicial warrant or the college’s consent to enter: 

  • Classrooms
  • Faculty or staff offices
  • Laboratories
  • Non-public areas of student services or administrative offices
  • Meeting rooms reserved for specific groups

Federal agencies are allowed to enter public spaces, where anyone is allowed on campus.  The three rooms listed are available for the public to use when following our facility rental policy. The nature of the meeting held in those rooms could also determine if the room is public. We host several meetings that are open to all, which means it is open to the public. There are other private meetings that are scheduled there which would change the status of the room to a private area. If the federal agency has a warrant or subpoena signed by a judge, this takes precedence over any designation the room may have.

ECC uses the RAVE emergency notification system when immediate protective actions are needed. This system is not designed or appropriate for alerting the community to legal law enforcement activity such as an ICE presence. However, if a large-scale law enforcement action were to occur that posed a risk to the broader campus community, ECC would issue a shelter-in-place or other emergency alert.

While we do not directly provide financial assistance, there are community resources available that can help families facing these situations. Regarding additional webinars or sessions, ECC student groups/clubs are offering related sessions, some in person, and we will continue to work with community partners to bring the information and resources needed. 

At this time, ECC does not know the student’s status. Unlike local cases—where information such as bond and court dates are part of the public record—federal immigration cases are not accessible to local law enforcement or the college.

During an emergency, a great deal happens behind the scenes to assess the situation, coordinate with law enforcement, and determine what information can be shared. ECC values accuracy, compassion, and thoughtful communication. We shared information as soon as we were able, but we recognize the importance of timeliness and will continue working to deliver updates more quickly in the future.

ECC Police, like local law enforcement, cannot intervene in a lawful federal action. After 11 p.m., all exterior doors to campus buildings are locked, limiting access. If an emergency occurs, employees should call 911. The Elgin Police Department will respond and notify ECCPD command staff if college police presence is needed.

Contact

Dean of Students

Vincent Cascio
Building B, Room B156
deanofstudents@elgin.edu

Know Your Rights Training

The YWCA Elgin proudly offers Know Your Rights training to empower our community. These trainings are designed to educate individuals about their rights when interacting with Immigration authorities, I.C.E., or the Police.