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DO YOU OR DO YOU NOT BELIEVE COLLEGES HAVE RIGHTS THAT ARE PROTECTED BY THE CONSTITUTION?
We actually know it is not a priority. Because of limited resources DHS has exercised “prosecutorial discretion” for at least the last 5 years and probably longer. The policy has been to have ICE prioritize removal proceedings to those that present threats to national security and public safety.
When deciding whether to exercise “prosecutorial discretion” they weigh factors such as an undocumented person’s ties to the community, age, criminal history and whether or not they are pursuing an education. So I agree that undocumented students are simply not the focus absent some criminal behavior that puts them on the radar.
@circuitrider, do you even read what other people are writing?
@HarvestMoon1, exactly correct. While most expect ICE to be more aggressive under the next administration, a lot of the current uproar is just silly.
Okay. Time out. I’m not going to answer your posts until you calm down.
Lol, you are a funny guy, I will give you that.
Well I attribute the “uproar” to the campaign rhetoric - these are people’s lives we are talking about. All I am saying is that my own instincts tell me that those that were looking for blood are going to get grape juice.
Certainly campaign rhetoric, on both sides, has a lot to do with what is going on. But cooler heads will hopefully and ultimately prevail.
Says the person who is SHOUTING in post #141.
@circuitrider: It doesn’t matter if the colleges have constitutional rights. They can’t assert those rights in their students’ deportation proceedings.
They don’t have to. When the Feds demand access to a locked door and the college demands to see a search warrant, what are the Feds going to do? Shoot the lock off like they do on television? Of course not. They’ll get the search warrant.
I’m sure this has been the typical Fed’s response when asked about warrants… 
@circuitrider: Sometimes they’ll have a search warrant. Other times they’ll just threaten to arrest people for obstruction, and those people will then unlock the door (if they have keys). Or they’ll knock the door down. Do you think the student life administrator is going to try and stop them? Sanctuary works for universities with their own police forces because the chief can tell them “don’t go arrest people for immigration offenses.” It does nothing to stop the feds from enforcing.
If the student has a privacy interest (if it’s their dorm room, for example) and ICE has no warrant then maybe they’ll get to exclude evidence of other criminal wrongdoing. For all the good that will do them. If it’s just the college, maybe the college will have some minor § 1983 claim that will likely get kicked on qualified immunity but maybe will survive long enough to pay for a new door (you know, except for the amounts spent on legal fees/costs). Hooray for the college?
I used to work at a finance company and we had agencies like the FBI or the FTC or treasury wanting to look at our files. I’d tell them I needed a subpoena and they’d often say “huh?” and then I’d tell them the form number and how to complete it. I didn’t really care if they looked at the files or not, but I needed the subpoena should the customer complain that we’d give out protected information.
They don’t always need a warrant (not that those are that hard to get); a subpoena will work for information.
Not necessarily. If arrested, the administrator would probably be immediately released on their own recognizance with the charges dismissed after six months. Overall, the optics would still tend to favor getting a warrant or a subpoena, as @twoinanddone suggests at post#153.
Colleges along with hospitals and churches are considered “sensitive locations” under DHS policy. They need high level approvals before entering those premises for enforcement actions. So if they went to the trouble to get those high level approvals, I am pretty sure they would have all their paperwork in order including warrants or subpoenas. Federal agents cannot just appear and start demanding things willy nilly.
And despite what was stated upthread, undocumented people do have constitutional rights while they remain within our borders. The only rights that I am aware of that don’t apply to them are the right to vote and the right to hold public office. I am uncertain about the right to bear arms.
If they need a warrant to get through a locked door they will get a warrant. The college can neither assert nor waive rights belonging to the individual student. That is what we have been trying to tell you.
^^^I’m not talking to you. You’ve been belaboring the same non-sequitur for two days now. No one is talking about the student’s rights. We are talking about the college (or corporation’s) rights to be secure in their property and papers. Please be considerate of the rest of us before you continue this line of argument.
@circuitrider: ICE won’t necessarily refuse to get a warrant, sure. I said that in the first sentence of that post. Maybe college administrators will brave arrest in defense of their illegal immigrant students’ fourth amendment rights. I doubt it though. Even if they do, as they say in criminal law “you can beat the rap but not the ride.” Arrest is a punishment all on its own, even if the AUSA ends up dropping the charges.
But even if we assume administrators will face arrest and block the doors to the campus dorms, that basically adds nothing to the efficacy of sanctuary colleges. The simple fact is that sanctuaries can do something if they control the local pd. They can work with their cities/counties to affect those LEO policies. They may be able to refuse or fight back against potential reporting requirements tied to education funding. How effective any of those will be, we’ll have to see. But one thing that definitely won’t work is trying to interfere with ICE agents enforcing immigration law.
@HarvestMoon1: Under current DHS policy, yes (to the extent it’s followed). I believe this thread is predicated on changes to that policy though. Specifically the creation of a deportation force and how that will interact with universities adopting sanctuary policies.
@Ohiodad51: I have less faith that they will actually get a warrant. I don’t think it matters either way though, since I see nothing the college could do in either circumstance. The idea that some college bureaucrat will stand up to ICE and ICE will just go home is absurd. Get the warrant or not, the college has no recourse.
So you are in control of this forum now? -You are a piece of work, that’s for sure. All the rest of us are saying virtually the same thing. It’s not on me if you lack the insight to understand that.