Kiran Elfenbein

Multiple rumors of border control trucks near campus in the past few weeks have sparked conversations about what rights students have if approached by Immigration and Customs Enforcement (ICE) or other federal agents.

Though no rumors have been confirmed, Associate Vice President of Safety and Security Randy Nichols sent out an email clarifying “established practices” to all students and employees of the College on February 5.

“Unless they are responding to an emergency, law enforcement officers cannot enter residence halls, administrative offices, laboratories or classrooms or other areas with locked doors or that require key card access without a warrant,” Nichols wrote. “Security officers are trained to respond to these inquiries and will involve the appropriate college officials who are authorized to accept warrants, subpoenas or other legal documents.”

Senior Vice President and General Counsel Katrina Chapman emphasized that students should follow the directions from Nichols and noted that the College could not provide legal advice to students. However, she provided several online resources from established organizations that provide guidance on immigration and related issues, including the Immigration Legal Advocacy Project and the Maine Office of the Attorney General.

“The College cannot provide individual legal advice to members of the community, but there are many independent resources available for students seeking this information,” Chapman said.

Professor of Government Andrew Rudalevige urged students to follow security’s advice, especially if contact is made with any ICE officers.

“Students should keep in mind that immigration officers require a judicial warrant to enter a private building unless they are let in,” Rudalevige wrote in an email to the Bowdoin Orient. “As Bowdoin officials have noted, students should contact campus security if they encounter immigration officers of any stripe on campus.”

He provided extra context relating to congressional actions throughout recent history.

“It has very rarely been an issue during my 20 plus years in academia,” Rudalevige said. “It is true that Congress has delegated a lot of authority over immigration over time to the executive branch. As the Supreme Court noted in Trump v. Hawaii, parts of the Immigration and Nationality Act ‘exude deference’ to the president.”

Rudalevige wrote that Secretary of State Marco Rubio’s recent broad cancellations of visas and green cards could also be harmful to students.

“The legal language Sec. of State Rubio is using to cancel visas and green cards is extremely broad too—and while that language might be subject to constitutional challenge, especially where he is using language protected by the First Amendment as the sole reason to pretend someone poses a threat to the U.S., that challenge has not yet occurred,” Rudalevige wrote.

Rudalevige added that Maine has an especially large presence of federal immigration authorities due to the state’s geography.

“Also, under this authority, the Customs and Border Protection has a longstanding regulation saying that the ‘reasonable’ distance from the border the law says they are allowed to operate within is actually 100 miles from any border,” he wrote. “Given Maine’s seacoast and proximity to Canada, that includes the entire state.”

Chapman echoed Rudalevige’s description of Maine as a state with particular exposure to immigration enforcement.

“One important thing to understand is that it is not unusual to see ICE officers/vehicles in Maine,” Chapman wrote in an email to the Orient. “ICE has a presence in every U.S. state and has long had a presence in Maine, including an office in Portland. This is likely connected in part with the fact that Maine shares a 600-mile international border with Canada and has the fourth longest maritime border in the country.”