With a promise to deliver the "largest deportation" in the history of the United States, President Trump's 2024 campaign foreshadowed a new era of immigration policy and enforcement. The first two weeks of the second Trump Administration have already confirmed that major changes are underway, affecting immigration enforcement, visas, border security, and pathways to citizenship. In this installment of our "First 100 Days" series, we cover what universities, and those who study or work on their campuses, should know about recent and anticipated changes in federal immigration policy and enforcement.
1. Potential ICE Enforcement Activity on University Campuses
The day President Trump took office, the Department of Homeland Security (DHS) rescinded and replaced a Biden-era memorandum directing federal immigration enforcement officials to avoid taking enforcement action "in or near a protected area," defined to include colleges and universities, "to the fullest extent possible." This long-standing policy of non-enforcement on college campuses is also sometimes referred to as the "sensitive locations" guidance, after a similar policy announced in 2011. Under the new directive, colleges, hospitals, and places of worship may now be targets of ICE enforcement operations. A DHS spokesperson said, "Criminals will no longer be able to hide in America's schools and churches to avoid arrest."
What's Next? Universities should have policies or protocols in place addressing the proper response to (1) the presence of immigration enforcement officers on their campuses and (2) requests for information about the immigration status of a particular student or community member. These policies might include guidance about the different types of documentation that immigration officers may present in connection with enforcement activity, what actions each type of documentation entitles those officers to take, and a designated person who students or staff members should contact if they are presented with such requests for access or information.
2. Prosecutions for Obstructing Federal Immigration Enforcement
In an inauguration-day executive order entitled "Protecting the American People Against Invasion," President Trump directed the Attorney General and Secretary of Homeland Security to "evaluate and undertake . . . criminal or civil actions that they deem warranted based on" the practices of "so-called 'sanctuary' jurisdictions . . . that interfere with the enforcement of Federal law." Then, in a January 21, 2025 memorandum, Department of Justice Acting Deputy Attorney General Emil Bove called on federal prosecutors to investigate and prosecute state and local officials who resist or obstruct federal immigration enforcement. The memorandum points to three federal statutes under which local and state officials could be charged: 18 U.S.C. ' 371, which prohibits obstruction of a federal function; 8 U.S.C. ' 1324, which prohibits harboring a person who is unlawfully present in the United...
