Beyond "Sanctuary Campus," Universities Can Now Become ICE-Free

WASHINGTON - EntSun -- Many universities have  become a "sanctuary campus" but activist students are demanding that campuses go far beyond "sanctuary campuses" to becoming completely ICE-free campuses.

More specifically they demand that GWU "Ban ICE, MPD, and all other external immigration and law enforcement from our campus and refuse these agencies access to campus without a judicial warrant," reports GWU law professor emeritus John Banzhaf. . .

But change may be coming as the result of recent actions by Chicago's mayor, says Prof.  Banzhaf.

According to the Mayor's ICE-free proclamation (https://www.chicago.gov/city/en/depts/mayor/pre...), "federal immigration agents" will no longer be able to go upon "any City-owned property" including at least (because they were specifically enumerated) parking lots, parks, and libraries.  More importantly, the Mayor invited and suggested that "local businesses and community organizations [to] join the citywide effort to safeguard our communities."

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Several Chicago restaurants have already accepted this invitation. . . .

So any business should be legally able to bar federal agents even from areas open to the general public especially if there is a reasonable purpose for doing so other than simply antipathy to immigration law enforcement.

This new movement may prove to be especially important when applied to a university campus for at least two reasons, the law professor predicts. . .

Indeed, many universities already do have campus-wide bans; for example, prohibiting smoking or the possession of firearms or illegal drugs anywhere on campus, even outside on grassy areas and lawns.

So if universities can ban smoking and firearms and illegal drugsanywhere on its campus, even if "the area is considered public," students might demand that their entire campus be declared ICE-free, just as it is now declared smoke-free, drug-free, and/or or gun-free.

This new protection from ICE could be accomplished very easily, simply by posting appropriate signs stating that immigration enforcement officers are not permitted anywhere on the campus, outside as well as indoors.

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Such a ban should be legally permissible - in the sense of being upheld if there is a court challenge - especially if the university articulates a reasonable purpose for doing so other than antipathy to immigration law enforcement (e.g. to avoid scaring students, faculty, or staff away, to prevent needless confrontations, reduce student anxiety, etc.).

It appears that ICE agents have generally respected restrictions on their movements imposed by universities.  Therefore, they may well abide by other restrictions universities may impose, including an entire ICE-free campus.

If not, any arrests or other detentions which may occur could be challenged in court since they were accomplished only through illegal trespass by ICE, suggests Banzhaf.

http://banzhaf.net/   jbanzhaf3ATgmail.com   @profbanzhaf