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To the Point - Student Handbook 2025-2026

SMCM Immigration Enforcement Policy

Note:The following policy is a draft that has been approved by the president and is subject to final approval by the Board of Trustees at their October 11 meeting.

I. Purpose

As a public-serving institution in the State of Maryland, St. Mary’s College of Maryland (SMCM), its administrators, faculty, and staff strive to provide essential services to our students and community members, in accordance with all applicable laws and regulations, regardless of their immigration or citizenship status. This policy establishes clear and enforceable guidelines in the event of an on-campus immigration enforcement action taken by federal law enforcement or immigration officials.

II. Definitions

  1. Unrestricted space(s) include uncovered campus grounds; the waterfront; sidewalks and pathways between buildings; parking lots; patios; meeting rooms (except located in library), conference areas, performance halls, athletic and recreational facilities, and classrooms when not in use; hallways and breezeways; common areas of the Campus Center and Library (excluding faculty/staff offices, limited-access locations such as archives, and meeting rooms and/or conference rooms during use); and portions of academic buildings not excluded above between the hours of 6:00am to 10:00pm.
  2. Restricted space(s) include all areas of a residence hall (including individual rooms, study spaces, bathrooms, resident assistant offices, washrooms, kitchens, and recreational spaces); faculty and staff offices; counseling and health center offices and administrative spaces; restricted-access research labs; meeting rooms or conference areas during use; athletic locker rooms or performance dressing rooms; classrooms, performance spaces, athletics & recreational facilities during use; and all areas of an academic building between the hours of 10:00pm to 6:00am.
  3. Federal immigration enforcement officer(s) includes an employee of, or contracted staff operating under the authority of, a federal department, agency, or office with valid identification who may make an arrest with or without a warrant for immigration-related violations of the United States Code.
  4. Valid warrant(s) means a judicial warrant signed by a federal judge or magistrate in accordance with the Fourth Amendment of the U.S. Constitution used for criminal investigation or to authorize the search of private property, seize evidence, or arrest a suspect.
  5. Administrative warrant(s) means a warrant signed by an administrative judge, agency head, or officer used for civil or regulatory enforcement.
  6. Exigent circumstance(s) means an emergency situation such as imminent risk of death, violence, or harm to a person or property; active pursuit of a dangerous suspect; and/or the imminent risk of destruction of evidence.
  7. Confidential information means information restricted by the federal Health Insurance Portability and Accountability Act (HIPPA), the Family Educational Rights and Privacy Act (FERPA), the General Provisions Article of the Maryland Code, and student conduct or medical records.

III. Regulations

  1. The Director of Public Safety shall be the primary point of contact for issues related to immigration enforcement at SMCM.
  2. Restricted spaces on SMCM campus shall be marked with clear signage.
  3. Access to restricted spaces is limited to College administrators, faculty, staff, students, and invited guests of the College for the purpose of teaching, research, public performance or lecture, athletics and/or recreation, and healthcare purposes.
  4. Access to unrestricted spaces is permitted for administrators, faculty, staff, students, invited guests of the College, and members of the community.
  5. Access to unrestricted spaces is permitted for federal immigration enforcement officers for the purpose of civil immigration enforcement actions provided the Director of Public Safety receives notification of said action in accordance with Maryland Chapter Law 718 of 2025.
  6. SMCM does not consent to civil immigration enforcement actions on its premises, barring the presence of a valid warrant.
  7. Access to restricted spaces for the purpose of civil immigration action by federal immigration enforcement officers is prohibited except in circumstances where a valid warrant is provided to the Director of Public Safety, or where exigent circumstances require such access.
  8. If federal immigration enforcement officers appear at SMCM, administrators, faculty, staff, and students shall assume that they are engaged in immigration enforcement. Administrators, faculty, staff, and students shall:
    1. Immediately contact the Director of Public Safety and
    2. Ask the federal immigrant enforcement officers to wait in a lobby or other unrestricted space.
  9. If federal immigration enforcement officers demand access to restricted spaces without waiting for the Director of Public Safety, administrators, faculty, staff, and students shall clearly state that they do not consent to such access but may not attempt to stop or otherwise impede the officer.
  10. If federal immigration enforcement officers continue to pursue access to restricted spaces, as promptly as possible contact the Office of Public Safety in addition to the Director of Public Safety, who shall make a record of the incident. This record shall include notes about any verbal exchanges, identifying details, actions taken by federal immigration enforcement officers, any arrests or other results of those actions, and the identity of any other administrator, faculty, staff, or student witnesses.
  11. In no circumstances should administrators, faculty, staff, or students physically interfere with federal immigration enforcement officers, attempt to make them leave an unrestricted space, attempt to conceal any person, or attempt to assist any person in evading federal immigration enforcement officers. Such actions may be violations of federal law.
  12. The Director of Public Safety shall make and maintain all records of any immigration enforcement activity by federal immigration enforcement officers at SMCM.
  13. The Director of Public Safety shall request and record the following information from any federal immigration enforcement officer or other federal officials who appear at SMCM:
    1. Name
    2. Badge Number
    3. Agency
    4. Purpose of visit
    5. Proposed action to be taken at SMCM.
  14. If a federal immigration enforcement officer requests access to restricted spaces on SMCM’s campus, the Director of Public Safety may authorize such access if, and only if, the federal immigration enforcement officer possesses a valid warrant. To confirm the existence of a valid warrant, the Director shall:
    1. Obtain a copy of the document for record-keeping purposes,
    2. Confirm that the heading shows the document was issued by a federal judge or magistrate, not an administrative judge or official,
    3. Confirm that the document has been signed by a federal judge or magistrate,
    4. Confirm that the document lists St. Mary’s College of Maryland among the places to be searched for a wanted individual or evidence, and
    5. Confirm that the document has not expired.
  15. The Director of Public Safety shall ask to consult with the Assistant Attorney General assigned to SMCM regarding the valid warrant or the existence of exigent circumstances. If a federal immigration enforcement officer denies the Director of Public Safety the opportunity to consult counsel, the Director of Public Safety shall state clearly that they do not consent to the agents’ entry but may not attempt to block or impede their access.
  16. If a federal immigration enforcement officer proceeds into a restricted space without exigent circumstances or in possession of a valid warrant, the Director of Public Safety shall notify the Assistant Attorney General and clearly indicate that the officers lack permission.
  17. If an administrator, faculty member, staff, or student at SMCM receives a request for information from a federal immigration enforcement officer, they shall immediately refer that request to the Director of Public Safety. The Director of Public Safety shall seek legal counsel from the Assistant Attorney General assigned to SMCM unless State or federal law otherwise requires an immediate response. The Director of Public Safety shall also request and record the information outlined in Section III.M of this Policy, as well as a copy of any documentation supporting the officer’s request such as a subpoena or court order as outlined in Section III.N of this policy
  18. If an administrator, faculty member, staff member, or student at SMCM is removed from campus by a federal immigration enforcement officer, the Director of Public Safety shall:
    1. Confirm the identity of the removed individual and notify the President and Assistant Attorney General assigned to SMCM as quickly as possible,
    2. Ensure that any release of information complies with FERPA, and
    3. Contact any and all emergency contacts listed in the student’s official records to provide accurate and timely information about the nature of the incident and location to which the individual was taken (if known).