Immigration Enforcement FAQs

 

Note: The following FAQs are presented as a resource to the UTA community from the Office of Legal Affairs but are not intended to serve as personal legal advice.

UTA regularly interacts with law enforcement agencies, the most typical interaction is when a law enforcement agency contacts UTA police for assistance in a criminal matter. Consequently, the events described below are unlikely to occur, but in the event one does, please follow the information provided.

Q1. Can federal immigration officials come onto the UTA campus and enter campus buildings and other university property?

As a Texas public university, the public has access to a significant portion of the UTA campus. Public spaces include, but are not limited to, exterior grounds, lobbies and other common areas, galleries, and events open to the public. 
However, access is restricted or limited in areas due to privacy concerns, operational needs or safety considerations. Nonpublic spaces include but are not limited to residence hall rooms, employee offices, and classrooms. Federal immigration enforcement officers are subject to these same access restrictions and must adhere to university protocols when entering non-public spaces. Access to nonpublic spaces typically requires an officer to provide a judicial warrant.

Q2. What should UTA faculty and staff do if a federal immigration agent (or other law enforcement agent) asks for access to part of campus?

Agencies within the federal government may request information or seek assistance from UTA faculty and staff regarding a range of matters, including immigration-related issues. In all interactions with federal or state agencies, you should remain calm and act with professionalism. Below is information intended to assist and support you in responding to such inquiries.

If you receive a visit from federal immigration officials to your office or department, take the following steps:

Ask the official(s) to wait in a public area for your office/department. Then contact UTA Police Department at (817) 272-3381.

While waiting for the UTA police officer, contact the Office of Legal Affairs at 817-272-2142 to request guidance from a university attorney. If applicable, you can share the following with the official(s):

“I appreciate that you are interested in obtaining some information from the University or access to the University, and I am going to do my best to assist you. University policies and applicable law generally do not permit me to share information about our faculty, staff, or students. UTA protocol also requires that our campus police verify law enforcement credentials. I am happy to escort you to a place where you can wait for the UTA Police Department.”
If the agent(s) presses for immediate action, please maintain professionalism, repeat the paragraph above, and contact your supervisor.

Q3. What should UTA faculty and staff do if a federal immigration agent (or other law enforcement agent) requests documents or other information from UTA records?

The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student educational records and except in limited circumstances, prohibits disclosing those records without the student’s written consent. Similarly, the Texas Public Information Act generally prohibits the disclosure of confidential personal information without an employee’s written consent.

If you receive a request from federal immigration officials in person, take the following steps:

Remain calm and professional and inform the federal immigration officer that, due to privacy laws, all requests for information from university records are reviewed by the Office of Legal Affairs. This is the case even if they have a subpoena or judicial order. 
Refer them to Legal Affairs in Suite 241 of the University Administration Building. Then contact Legal Affairs at the number below to provide information about the interaction.
Should you receive a request by email or phone, please follow the following protocols: 
Inform the federal immigration officer that, due to privacy laws, all requests for information from university records are reviewed by the Office of Legal Affairs. Provide the official with Legal Affairs contact information: legal@uta.edu or (817) 272-2142. 

 
 

 

Q4. If I am teaching in my classroom, am I obligated to allow federal immigration officers to enter?

Generally, law enforcement, including federal immigration officers, can only require you to allow entry to these spaces with a specific type of warrant. Should this occur, follow the instructions above in Q2.

 

Q5. If I am a resident advisor and am working in the residence hall, am I obligated to provide access to the residence hall’s floors or rooms by federal immigration officers?

Refer to the answer in Q2.

 

Q6. If a federal immigration agent asks me questions (not in my employee capacity), what do I do?

Remain calm and do not run away. You can speak with them or be completely silent – it’s your choice. Under U.S. law, you have a legal right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents or any other officials. You also do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. However, if the police arrest or pull an individual over while driving, then Texas law requires the individual to provide their name, residence address and date of birth, and, if driving, a copy of their driver’s license. 

 

Q7. What is a Visa?

A visa is an official document in the passport that grants entrance to the United States for a specific period of time and for a particular purpose such as work, travel, or study. A non-citizen seeking entrance to the US must first apply for and receive a visa to physically enter the country. (non-immigrant visas are for temporary stay and immigrant visas are for permanent residence.)

In the US, there are 3 primary student visa types:

1) The F-1 Student Visa for studying at an accredited college, university, secondary school or English language institute.

2) The J-1 Exchange Visa for participation in exchange programs, including high school and university study.

3) The M-1 Student Visa for non-academic or vocational study or training.

 

Q8. What is the difference between a visa and immigration status?

A Student Visa is a travel document required to enter the US. It is issued by a US Embassy or Consulate and must be presented to a US Customs and Border Protection (CBP) Officer at the port of entry. The visa and supporting documentation must be presented to the CBP officer to determine eligibility for entrance to the US, which is not guaranteed. If entry is allowed, the officer will provide an admission stamp inside the passport or update the I-94 record online. (The I-94 is an electronic arrival / departure record issued to non-immigrant travelers entering the US and includes the date of admission and duration of stay).

An Immigration Status refers to the legal classification of an individual’s presence in a country. Student status refers to the legal status that a student must maintain after being granted admission to the US. Maintaining full-time enrollment is the primary requirement of the student status.

Although it is possible to have multiple visas, an individual can only have one immigration status while physically present in the US. (It is possible for a student to be physically present in the US and maintaining their immigration status while having an expired visa.)

 

Q9. What is visa revocation?

A visa revocation (having visa revoked) means that a previously issued visa is no longer valid for entry or re-entry to the US. A visa can be revoked by a Consular Office or the Secretary of State (at their discretion).

The Foreign Affairs Manual (FAM) also lists circumstances under which a visa may be revoked:9 FAM 403.11 (U) NIV Revocation

 

Q10. What is SEVIS?

The Student and Exchange Visitor Information System (SEVIS) is a web-based system used by the US Department of Homeland Security (DHS) to manage and maintain information on non-immigrant students and exchange visitors in the US.

SEVIS was developed in 2001, to monitor students and exchange visitors during their stay in the US. SEVIS enables SEVP (Student and Exchange Visitor Program) to assure proper reporting and record keeping by schools and exchange visitor programs. Its purpose is to protect national security while supporting the legal entry of non-immigrant students to the US for education and cultural exchange.

 

Q11. What is a SEVIS Record Termination?

According to the Department of Homeland Security (DHS), the termination of a student’s SEVIS record means that they no longer have a valid immigration status in the US. SEVIS terminations occur when students have violated their immigration status. Some reasons for SEVIS terminations are expulsion, failure to enroll in a full course of study, failure to report to the school, etc. The Designated School Official (DSO) has the ability and authority to terminate a student’s SEVIS record when a status violation has been determined.

There are 4 consequences of a terminated SEVIS record:

1) The loss of on-campus and off-campus employment authorization, or the eligibility to apply for employment authorization.

2) Student is unable to re-enter the US on a terminated record.

3) Immigration and Customs Enforcement (ICE) agents may investigate to confirm departure of the student from the US.

4) Any associated dependent’s (F-2 or M-2 spouses and children) SEVIS records will also be terminated.

 

Q12. Can ICE terminate a SEVIS record?

Historically, Immigration Customs and Enforcement (ICE) have not terminated student’s SEVIS records. However, recent reports indicate that ICE has now begun directly terminating SEVIS records based on 3 primary reasons:

1) Protest and Speech activity

2) Prior arrests or convictions

3) Identified in criminal records check and/or visa revoked

For the first two reasons, the termination was cited as status violations, while the third reason indicates the visa revocation as the basis for the termination.

 

Q13. Can a student be placed in removal proceedings or otherwise subject to immigration enforcement if their visa is revoked?

Yes! A student whose visa has been revoked can be placed in removal proceedings and face immigration enforcement. At the hearing, the government can articulate the basis for the charge, and the student can respond to this charge or seek an immigration remedy.

 

Q14. Can a student be placed in removal proceedings or otherwise subject to immigration enforcement if their SEVIS record is terminated?

Yes! A student whose SEVIS record has been terminated can be placed in removal proceedings and face immigration enforcement. At the hearing, the government can articulate the basis for the charge, and the student can respond to this charge or seek an immigration remedy.

 

Q15. Can a student still study and remain in F-1 status if their visa is revoked?

Yes! A student is able to study and remain in the US with a revoked visa, if they have maintained their F1 status accordingly. There are many conditions of maintaining F1 status, including full-time enrollment in an academic program, maintaining a foreign residence, having sufficient funds, and other conditions. If the student remains enrolled full-time in their academic program, their immigration status for educational purposes remains valid. However, if the student leaves the US, they will need to obtain a new visa to re-enter the country.

A visa is an official document in the passport that grants entrance to the United States for a specific period of time and for a particular purpose such as work, travel, or study. A non-citizen seeking entrance to the US must first apply for and receive a visa to physically enter the country. (non-immigrant visas are for temporary stay and immigrant visas are for permanent residence.)

In the US, there are 3 primary student visa types:

1) The F-1 Student Visa for studying at an accredited college, university, secondary school or English language institute.

2) The J-1 Exchange Visa for participation in exchange programs, including high school and university study.

3) The M-1 Student Visa for non-academic or vocational study or training.

 

Q16. If I need a lawyer, how do I get one?

Because issues surrounding immigration status are complex and extremely fact-specific, personalized legal advice is recommended either through a private attorney or through community legal resources. The Intercultural Engagement Center maintains a list of available local legal resources, which include:

Q17.  If I have other questions, who do I contact?

  • UTA Police Department – Non-Emergencies – (817) 272-3381; Emergencies  - (817) 272-3003
  • Office of Legal Affairs – (817) 272-2142; legal@uta.edu
  • Office of International Education - (817) 272-2355; international@uta.edu
  • Dean of Students – (817) 272-7862; dos@uta.edu