Guidance on Federal Immigration Activity

In the event of any emergency, dial 911 or UWPD at (608) 264-2677.

UWPD has a set of procedures and practices it follows related to immigration enforcement, and its officers will not detain or arrest an individual solely based on a suspected violation of immigration law and will not routinely inquire about an individual’s immigration status.

No. UWPD will not participate in federal immigration enforcement actions. Federal agents must use appropriate legal processes if they are on campus and wish to contact individuals about enforcement-related issues.

No. An individual’s immigration status does not determine whether UWPD will provide campus and community safety-related services and will only be relevant if the individual is involved in serious crimes. An individual’s immigration status does not affect their ability to file a police report with UWPD.

The university does not routinely utilize WiscAlerts — UW–Madison’s emergency notification system — to notify campus of federal or other law enforcement presence.

Permissible use of WiscAlerts is defined by federal law and regulations.

The appropriate use of WiscAlerts includes: active harm (e.g., shooter), significant and serious hazardous materials spill, closing a section of campus, significant disruption to campus infrastructure, multiple building closings, a mass casualty disaster or active tornado warnings in the campus vicinity.

Using the system other than as required by law and in compliance with campus policy can subject the university to federal investigation and significant penalties.

If an incident becomes an immediate threat to the health or safety of students or employees on campus, a WiscAlert may be issued.

A sighting of, or an arrest by, federal law enforcement on campus does not necessitate a call to 911 or the UWPD non-emergency line unless one of the below criteria apply:

• Your physical safety, or that of someone else, is in immediate jeopardy
• There is civil disorder or a likelihood of violence
• Destruction of property is occurring

If approached by a federal law enforcement officer in a campus facility or workplace, immediately call the Office of Legal Affairs at (608) 263-7400 and ask to speak with a campus attorney. The OLA office number is answered 24/7. OLA will promptly notify UWPD. Additional detail on these interactions is included in the section below.

Madison Police Department says that “an individual’s immigration status is immaterial with respect to MPD’s mission statement, vision statement, core values, and operational systems. Immigration status is only relevant when an officer reasonably believes that an individual has committed serious crimes directly related to public safety.” MPD has posted its own policies on the issue.

Generally, no. However, federal agents are only able to access public spaces; access to limited access areas require a search warrant.

There are a number of steps to take, outlined below.

• Stay calm and remain polite. Take enough time to think through and formulate your answers.
• Ask the agent for their name and to see their government issued badge. Most likely the agent will show you their badge without you asking. If not, it is your right to ask for this.
• Verify the agent’s identity and agency with badge and ask the agent why they are on campus, if they have not shared that information already.
• Ask the agent to have a seat in a waiting room or lobby. If you do not have such a space, politely ask them to wait where they are while you try to reach the proper contacts.
• Call the Office of Legal Affairs at 608-263-7400 and speak with one of the attorneys. The OLA office number is answered 24/7. Tell the attorney the following information: “Agent X from the Department of Y is here to talk to you about Z.” Do not leave a voicemail message with Legal Affairs, choose an option on the menu to reach the answering service.
• If no one from Legal Affairs is available, tell the agent that no one is available right now. Ask the agent if they can come back another time.
• Do not give the agent access to any paper files or access to any computer systems. Agents are free to enter any public areas of your workplace but must have a valid search warrant to enter a non-public area.

If the agent approaches a student worker, the student should immediately get their supervisor. If their supervisor is not available, the student worker should contact a divisional HR representative. The supervisor and/or HR representative should then assume responsibility for the encounter. In order to facilitate this, all units should make readily available the appropriate contact information.

The attorney on call will ask the caller to describe the encounter in detail and review the contents of the warrant or any other legal document that is presented to the employee.

If agents disregard your instructions or requests, do not interfere with their actions.

If agents act — with or without awaiting guidance from you or others on campus and regardless of whether they have presented a warrant — it is important that you do not intervene or block their movement, as obstructing or otherwise interfering with law enforcement activity can be a crime.

Agents are free to enter any public areas of your workplace but must have a valid warrant to enter a non-public area. Employees may say to the law enforcement agent, “I am not authorized to give you consent to enter or accept legal documents,” and contact the Office of Legal Affairs as directed above.

As a public institution, many areas within the campus and its facilities are open to the public. Generally, federal law enforcement officers are authorized by law to enter public spaces without special permission. Public areas may include sidewalks; green spaces; parking lots and ramps; and lobby, waiting, or hallway areas that are open to the public. Campus libraries and museums that are open to the general public are also generally considered public areas. Campus events, such as lectures, forums and performances that are free and open to the public, or meetings subject to the Wisconsin Open Meetings law, are also generally deemed to be public areas.

Some university areas, such as faculty, staff and student offices; residence halls; laboratories; and areas accessible only by a key or key card, are not open to the public without permission.

Classrooms are also limited access areas while classes are in session, unless the classroom is hosting an event open to the public. Other limited access areas would include areas only available to staff or individuals with a staff escort, areas holding events that require a ticket for admittance, areas only available to university patients or research participants, privately or university-owned vehicles, and other areas as long as there is a reasonable expectation of privacy in that space.

Generally, federal law enforcement may not enter limited access areas without permission unless the officer presents a valid search warrant or exigent circumstances are present.

A valid warrant must be signed and dated by a judge. It will include a period within which the search must be conducted, a description of the premises to be searched, and a list of items to be searched for and seized (e.g., payroll records, employee identification documents, etc.).

The university is exploring ways to better distinguish public versus non-public areas and will share additional information as these efforts are developed.

Only authorized university officials such as Facilities Planning & Management and/or building managers may affix limited access signage inside campus buildings. Signs are not to be placed on exterior doors of campus facilities.

Yes. A residential hall room is considered a limited access area and cannot be legally accessed by federal law enforcement officers without a valid warrant, the voluntary consent of the occupant, or exigent circumstances. A student need not allow entry to any law enforcement officer who is not in possession of a warrant.

No. OLA represents the university, including employees acting in their official capacities. OLA does not represent faculty, staff or students in personal legal matters outside the scope of their business as university officials. Individuals in need of personal legal assistance may contact the State Bar of Wisconsin Lawyer Referral and Information Service at (608) 257-4666 or (608) 257-3838.

UWPD uses a limited number of automated license plate reader cameras provided by Flock Safety to support the critical mission of keeping the campus community safe.

The still cameras are built to support crime prevention and investigations by helping UWPD quickly identify vehicles tied to serious incidents, such as Amber Alerts, violent crime, stolen vehicles, and missing persons. The cameras are focused on vehicle data — not individuals. The technology captures license plates and vehicle characteristics from fixed, visible public locations. It does not gather personal identity details about drivers or passengers, and it does not use facial recognition.

The images collected are not used to monitor or track individuals’ movements on campus and are not used to conduct random or continuous surveillance. They are not used to track vehicles for immigration enforcement, nor do they have the capability to identify drivers or vehicle occupants through facial recognition.

Per UWPD policy, internal access to the system is restricted to authorized UWPD personnel only. All access is logged and audited to ensure compliance with UWPD policy and procedures.

No. UWPD does not share information gathered from routine encounters with federal authorities.

The university provides information on the immigration status of students only when required by law. If asked by an agent to provide private information, you may say “I am not authorized to provide the requested information,” and contact the Office of Legal Affairs.