employees / Procedures / Unannounced Visits from Law Enforcement

Unannounced Visits from Law Enforcement

Summary

Delta College has always complied with the law when it comes to interactions with law enforcement on our campus or in our buildings. This procedure is intended to give further definition as to the obligations of our staff and share the guidelines that law enforcement should follow.

As a reminder, following our established practices at Delta College, along with FERPA regulations, keep information of our students private except when subpoenaed or in the event of a valid health or safety emergency.

Procedures

Law enforcement officials, including local, county, state, and federal officers may generally be present in and perform law enforcement functions in areas open to the public.

Generally, a search or arrest warrant is required for law enforcement officials to access areas that are not open to the public, but there are exceptions that allow for law enforcement officials to access these areas without a warrant.

Enforcement officials from other regulatory agencies, such as Child Protective Services, County Health Departments, MIOSHA or OSHA, Department of Environmental Quality, and many others, have varying authority to enter non-public areas to conduct investigations.

In the event that law enforcement officials or other regulatory enforcement officials enter or ask to enter College property that is not open to the public, for purposes of undertaking any law enforcement or regulatory activity, please follow the steps below:

    • Remain calm and courteous;
    • Request that the law enforcement or regulatory officials coordinate their activity with the Delta College Department of Public Safety;
    • Contact the Delta College Department of Public Safety and inform them of the presence of the outside law enforcement or regulatory agency. Ask that an officer be dispatched to coordinate with the outside law enforcement or regulatory agency;
      1. It will be the responsibility of the Department of Public Safety to ensure there is appropriate basis to conduct actions on campus and review all juridical requests and processes to verify they have been followed prior to permitting access to non-public spaces;
      2. The law enforcement or regulatory officials requesting access may wait at the Public Safety Department or any other available meeting space at the discretion of the Public Safety Officer responding;
      3. If the law enforcement or other regulatory officials are requesting consent to enter or search non-public areas without a warrant, Public Safety will contact the President’s Office and coordinate the request with the President or designee. Generally, only the President or designee are authorized to consent to searches of non-public areas of the College.
    • Never physically obstruct law enforcement or regulatory officials, but do let them know you are not authorized to let them in any non-public area of the college;
      1. You can state, “I am not authorized to let you enter beyond this area. I will call our Public Safety Department now so they may speak with you.”
      2. Under no circumstances should you attempt to physically obstruct official’s activities;
    • Do not answer questions about Delta College employees or students, or give out any information;
      1. If pressed, state, “I am not authorized to respond to questions but will call our Public Safety Department, which may be able to do so.”
    • You should document all steps of the process that you are involved in;
      1. If available, record the names of all of the parties involved, including the law enforcement or regulatory officials;
      2. Save your notes and provide them to the Delta College Public Safety Officer who responds. The Public Safety Department is responsible for providing a comprehensive report of the incident to the president’s office and the Executive Director of Administrative Services & Institutional Effectiveness;
    • Staff should comply with all directives from law enforcement or regulatory officials.

Interactions with Federal law enforcement officials responsible for immigration enforcement (Immigration Customs Enforcement (ICE) or Customs Border Patrol (CBP)) should follow the above procedures.

For your information, below is language from federal regulations, 8 CFR 287.8(f)(2) related to this process:

An immigration officer may not enter into the non-public areas of a business, a residence including the curtilage of such residence, or a farm or other outdoor agricultural operation, except as provided in section 287(a)(3) of the Act, for the purpose of questioning the occupants or employees concerning their right to be or remain in the United States unless the officer has either a warrant or the consent of the owner or other person in control of the site to be inspected. When consent to enter is given, the immigration officer must note on the officer's report that consent was given and, if possible, by whom consent was given. If the immigration officer is denied access to conduct a site inspection, a warrant may be obtained.

The Immigration and Nationality Act 287(a)(3) and copied in 8 Code of Federal Regulations (CFR) 287 (a)(3), states that Immigration Officers, without a warrant, may "within a reasonable distance from any external boundary of the United States...board and search for non-citizens in any vessel within the territorial waters of the United States and any railcar, aircraft, conveyance, or vehicle. 8 CFR 287 (a)(1) defines reasonable distance as 100 air miles from the border.

Please note that all of Michigan lies within 100 air miles of an international border.

Participation
All Delta College employees

Revision/review dates
1/25, 2/26