Do sanctuary campuses risk their federal funding by defying the federal government on immigration issues?
Generally not, because the actions of sanctuary campuses do not conflict with their legal obligations. It is no federal offense, for example, to refuse admission to ICE officers without a warrant. It is always possible that the Trump administration will attempt to impose additional burdens upon schools; however, there are constitutional limits on what can be demanded.
Are schools required to share information on student immigration status with immigration authorities?
The federal Family Educational Rights and Privacy Act (FERPA) protects the privacy of student information. FERPA prevents schools from releasing information about student immigration status to ICE or any other government agency without a court order or subpoena.
FERPA’s protections are not absolute, however. Schools have certain information-sharing obligations under programs such as the Student and Exchange Visitor Program (SEVP). Participants in these programs, however, typically entered the US on visas, although they may no longer qualify for the visas they entered on.
Does ICE need the warrant to conduct law enforcement activities on college or university campuses?
Yes, they do in most cases. Warrants can be easy or difficult to obtain, depending on the students’ “reasonable expectation of privacy” in the area that ICE officials seek to enter. Searching a student’s dorm room would require much stranger justification, for example, then walking through an outdoor campus commons area. There are also exceptions, such as the “hot pursuit” exception”, in which ICE officers do not need a warrant.
Read more about how the supreme court supports DACA Dreamer.